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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34271
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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If at least 3 consecutive arrears payments are made via the

Resolved Question:

If at least 3 consecutive arrears payments are made via the CSA are they then accountable to pay the full arrears to me and reclaim it from the non resident parent
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
I am sorry - could you explain a little more about your situation and what you wish to know
Clare
Customer: replied 3 years ago.
Hi Clare
This is a long standing Csa case dating back to 2003 and has been before 3 tribunals. my ex husband appealed to the upper tribunal and was granted leave for the case to be re reviewed . He again did not like the out come and arrears were calculated back to 2003 And he then made himself unemployed. The Csa applied for a liability order which was postponed as he appointed a solicitor to apply for a judicial hearing with the administrative court ( we are still awaiting the out come of this ) The Csa however were successful in agreeing that he begin paying arrears which he has now done for 4 months.
My enquiry is to do with Csa legislation of payments of arrears. I was told by someone unofficially that if a non resident parent makes 3 consecutive payments the Csa then become responsible for paying the total sum of arrears to the parent with care and they have to claim back the debt.
I want to know if this is correct and if so what legislation states this what can I do
Many thanks
Jane
Expert:  Clare replied 3 years ago.
Hi
If only this were true.
However what is true is if the arrears have built up because of the CSA's failure to act of through their mistake THEN as part of the compensation they may have to pay the arrears to you and recover them from your ex.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

I dont wish to give a poor rating. However i have only just bed. able to open answerer The terms were not clear and i would like to know if this conversation has bern posted publicly , if so id like it removed I feel the answer was vague snd not worth £33

Expert:  Clare replied 3 years ago.
Hi
I am sorry that you feel the answer was vague
The only basis on which the CSA itself has to make the payments and recover them from the other parent later is where the CSA themselves have acted in error which has caused the loss
Simply failing to act promptly to recover arrears does not count I am afraid
From what you have said your ex has simply played the system - this is not enough to trigger any form of Compensation from the CSA.
If you still wish to have a refund please ask
Clare
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