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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33297
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My son in law is paying £190 per week for 1 daughter who is

Customer Question

My son in law is paying £190 per week for 1 daughter who is 16, this is arrears apparantly when his x wife asked him to leave when the child was small he started to pay a weekly amount when his x disappeared with the child. He then 9 years ago moved north to be with my daughter how contacted CSA and informed them, his daughter contacted and he paid £20 a week voluntarily for some time, suddenly out of the blue CSA contacted them and demanded payment, we contacted them as a family they were either extremely rude or put the phone down on us, my son in law was then out of work for a time once he was back in employment they started taking the £190 per week which is causing extreme hardship to them and their own little boy, plus 2 other youngsters. Please advise. Pauline Hatfield a distraught mum.
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.
How much are the arrears and does he accept that they are valid?
Clare
Customer: replied 3 years ago.
Hi Clare I need him to be here he is at work today so I will ask him to be here tomorrow and put everything together for you. His name is lee-Roy.
Many thanks Pauline
Expert:  Clare replied 3 years ago.
Hi
That is fine just add the information when you can
Clare
Customer: replied 2 years ago.

Hi Clare


The arrears are around £29,000 according to CSA, he cannot understand why it is this much.


 


Pauline

Expert:  Clare replied 2 years ago.
Hi
Does he remember when he first heard from the CSA ever (it could be many years ago)
Clare
Customer: replied 2 years ago.

Hi clare


Sorry for the delay, approximately 2003.


 


Pauline


 

Expert:  Clare replied 2 years ago.
Hi
What evidence does he have of the payments that he has made?
Clare
Customer: replied 2 years ago.
He has his pay slips showing payments taken it source.
Expert:  Clare replied 2 years ago.
Hi
My apologies - I meant does he have evidence of the payments that he made direct in the past
Clare
Customer: replied 2 years ago.
Hi Clare it was a verbal agreement between lee -Roy and his daughter when he first moved up here and his daughter contacted him before his x decided to put a stop to that and took it back to CSA.
Expert:  Clare replied 2 years ago.
Hi
has your son had any period of unemployment in the last 10 years?
Clare
Customer: replied 2 years ago.

Hi yes he has June last year to April this year plus around five years ago approximately for six months. Many thanks
Expert:  Clare replied 2 years ago.
Hi
Why did your son stop paying the CSA in 2004?
Clare
Expert:  Nicola-mod replied 2 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,
Nicola
Customer: replied 2 years ago.

Hi you asked why he stopped paying in 2004 he works away all week so I have difficulty answering the questions as he is not here also I am having treatment for breast cancer so I have to work around this I am totally happy with the support but if you feel we are not answering quick enough and you don't want to support us I understand we are a minority in the whole scale of things thank you to date.
Expert:  Clare replied 2 years ago.
Hi
It is fine - you just add the information when you can - I will be here!
Clare
Customer: replied 2 years ago.

Hi Clare it's as I said he moved up here in December 2014 my daughter contacted CSA to inform them but it took them
6 years to contact them thank you
Expert:  Clare replied 2 years ago.
Hi
From the figures it would appear that the arrears date back to 2003 when the first assessment was made - this seems likely given that it appears
that he has not ever made a regular payment at all
In such cases they are permitted to deduct 40% of net income.
Having said that it is highly likely that the figure they have given is wrong - they almost always are.
For £10 he can obtain a full copy of his file under the Freedom of Information Act so that he can identify the figures and get them reviewed.
He will be able to get help and assistance in challenging this
www.nacsa.org.uk
It will take time but he can apply for a re-assessment in the meantime as well
Sorry not to give better news please ask if you need further details
Clare

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