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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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The arrears with csa are taking 40% of my partners wages so

Customer Question

The arrears with csa are taking 40% of my partners wages so we cannot afford to live. The arrears were csa fault. can arrears be squashed??
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
How did the arrears actually arise?
Claire
Customer: replied 3 years ago.

csa not sorting payment out earlier

Expert:  Clare replied 3 years ago.
Hi
Over what period did they arise - when were you first aware of the application?
Claire
Customer: replied 3 years ago.

6months. when started work informed csa but payment wasnt confirmed for 6months afterletter of apology and £50 from csa then arrears had accured

Expert:  Clare replied 3 years ago.
Hi
How much are the arrears and how much had you set aside during the assessment period?
Claire
Customer: replied 3 years ago.

after being in and out of work then giving x money and buying clothes and shoes for girls( no proof) i met my now partener and have a son with i started work and informed csa when arrears were topped up to around £2,000 to £3.000. I had not put money aside as was having girls weekends and still giving to X

Expert:  Clare replied 3 years ago.
Hi
I assume that you ex will not confirm the payments.
So the arrears arose over 6 months?
Claire
Customer: replied 3 years ago.

no the ex wont confirm anything. there was arrears but have got worse due to the imcompetance of csa in the last 6 months

Expert:  Clare replied 3 years ago.
Hi
How much have the arrears increased in the six months
Claire
Customer: replied 3 years ago.

around £1000 i think. have to go out be back in 2 hours. thanks, yours sincerly

Expert:  Clare replied 3 years ago.
Hi
Since there were already arrears in existence at the time that the CSA made their errors there are simply no grounds on which they will be remitted
Only if they arisen exclusively within that period would it have been a possibility I am afraid.
I also agree that 40% is an appalling amount to deduct - but they have case law on their side - it was challenged in the higher courts and the challenge was rejected
I am sorry not to be more positive - please ask if you need further details
Claire