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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello, Is there a statutory time limit for appealing a decision

Customer Question

Hello,

Is there a statutory time limit for appealing a decision of the CSA and is there a statutory time limit for paying CSA arrears? I paid for my son through CSA for 5 years and then I came to an amicable arrangement with my ex to pay weekly in cash. We have now fallen out and she has told the CSA that I haven't paid for two years - which is not correct. They have now got an attachment of earnings order. I clear £800 per fortnight and the CSA have now imposed on me to pay £500 per month for the next year to pay off alleged arrears. On the phone they told me they didn't care about how much I earn or that I have a wife and her child also to support and that I couldn't appeal and had to pay it off within 12 months. Is this right?

Thanks for your help.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
What evidence do you have of the payments to your ex?
Clare
Customer: replied 3 years ago.

Thanks Clare.


 


Not much. That is the problem. I am trying to get my old bank statements to show regular withdrawals but as I paid her cash in hand I don't think they will prove that I paid. I am afraid I have been a bit naive. It only went wrong when my son expressed an interest in spending more time with me. I am also anxious becuase the decision came to me in August and when I rang up to query it the man on the phone told me I could not appeal and now my friend has told me that there is only one month to appeal in?


 


If I can't challenge the arrears is there anyway I can get longer to pay them off as this is crippling my family, the monthly rent on our home is £550 and my wife works three days per week as a cleaner. We are really struggling?


 


Thanks

Expert:  Clare replied 3 years ago.
Hi
How much do they say the arrears are?
Clare
Customer: replied 3 years ago.

Hi


 


 


My letter says I have to pay £252 fortnightly and it says number of payments 26 payable from 13 Sept 2013 to 29 Aug 2014 which is made up of regular maintenance amount of £108 per fortnight plus maintenance arrears of £144 per fortnight.


 

Expert:  Clare replied 3 years ago.
Hi
How much did you pay your ex in cash?
Clare
Customer: replied 3 years ago.

It was different sums each week depending on what she wanted for my son. I have no idea how much it adds up to. I have just noticed that the letter says they have added £5257 in arrears and that the amount to be paid over 12 months may not clear all the arrears.


Do you think I can get longer to pay if I can't prove what I paid and when?

Expert:  Clare replied 3 years ago.
Hi
I am very much afraid that I have mixed news for you
You cannot appeal as such HOWEVER you should have been allowed two years within which to pay off the arrears so you can challenge the CSA on that.
Sadly unless you can prove that you paid your ex direct then I am afraid there is no way you can avoid the payments - I wish there was.
You should however make a formal request for a re-assessment and for more time to pay
You should always deal with them in writing
You will find this website of assistance
www.nacsa.org.uk
Clare