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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex partner owes me £14,479 in arreas He is self employed

Customer Question

Good morning,
My ex partner owes me £14,479 in arreas
He is self employed with 3 business remarried and fails to pay any maintenance at all,
I would like to take further action on my arreas is there any way that I can do this ?
Regards ***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

How have the arrears arisen?

Customer: replied 1 year ago.
Non payment over many years and he has been sent the letter through csa too
Customer: replied 1 year ago.
Unfortunately he is saying he is on a low income and child maintenance agency told me i should maybe look at taking the arrears on myself with a independent solicitors. I just don't know where to start
Expert:  Clare replied 1 year ago.

So these are all CSA arrears?

Customer: replied 1 year ago.
Expert:  Clare replied 1 year ago.

Does he drive?

Travel abroad?

What assets does he have

Have you had a letter from the CSA saying that you should deal with enforcement yourself?

Customer: replied 1 year ago.
he has a few vehicle and drives,
David and his wife own a cleaning company and catering company also run a pub,
They own their own 4 bedroom house which he rents out as they live in the pub,
He is ordered to pay £19. A week for 2 children as he says he's on a low income
They travel abroad around about 3 times a year,
And it was just said on the phone to me by the new children maintenance agency I could take the arrears on my own if i wished too. They still don't get payments for maintenance weekly so I just want to start doing something about it as it's been years now.
Expert:  Clare replied 1 year ago.

How much is the house worth?

Customer: replied 1 year ago.
163;250,000
Expert:  Clare replied 1 year ago.

What enforcement action have they actually attempted?

Customer: replied 1 year ago.
Non at all this why I've not been happy with their services.
Customer: replied 1 year ago.
I would like to know if you received my last message they haven't tried to do anything regarding my money this is why I am asking you for advice thanks
Expert:  Clare replied 1 year ago.

Thank you for that

In fact it is for the CSA to enforce the arrears - and they have many many ways of doing so including confiscating his driving licence and his passport and forcing a sale of his property.

Write (always write) to the CSA asking then to confirm what steps they have taken to enforce the arrears.

After three weeks if there has been no response then make a formal (written) complaint.

Indeed the complaint should go in anyway - they have not acted as they should

http://www.cmoptions.org/stakeholdertoolkit/docs/how-do-i-complain.pdf

Take the matter all the way up to the Independent Examiner if need be

Please ask if you need further details

Customer: replied 1 year ago.
They haven't done anything to get the arrears I know that already. And they have told me it has to be past on to the child maintenance agency to then will go to there enforcement team but explained it will go on the information he has provided to pay it back weekly and will be likely to be £5 a week. This is what I'm saying I'm not happy with this and what to know how I can take the case on to file to get my arreas in a different way as I am not happy with the service I have been given by either csa or child maintenance agency. So don't really find ur advice very helpful. Is there anything else I can do?
Expert:  Clare replied 1 year ago.

They are not being honest with you - if you push hard with the complaint they will take the necessary action

However - did the CSA set the figure or did they collect the money as well - and when was the original assessment

How old are the chidlren now?

Customer: replied 1 year ago.
the csa set the figure they finished my case in October and my. Case closes with csa in the next few weeks and moved over to the new system.
My children are 15 and 13 I have been fighting this now since my oldest was 7 and never had one payment. It's very frustrating. I was hoping I could take him to court personally and get my arrears.
Expert:  Clare replied 1 year ago.

When was the last re-assessment?

Customer: replied 1 year ago.
October last year for the arrears
Expert:  Clare replied 1 year ago.

What about for ongoing payments?

Customer: replied 1 year ago.
The new child maintenance have just done a new one and it went from £51 a week to £19 as he says he has a low income. For both children even tho ive told them over and over about 3 different business he owns.
Expert:  Clare replied 1 year ago.

Have you formally appealed the assessment?

Customer: replied 1 year ago.
Not yet, they want me to provide them evidence of his business so still gathering that information.
Expert:  Clare replied 1 year ago.

Nonsense - they can access the information directly.

For reasons I fail to understand on the first assessment the CMS?CSA do not take account of company dividends.

However if you then formally request a re-assessment to include dividends then they will produce the right assessment

It is NOT necessary for you to do more than simply say that you are aware that he is also a director of companies.

Despite what the last CSA person said you cannot deal with enforcement they MUST do so.

In fact they can (and should ) seek to enforce the arrears so that they are taking 40% of his total net income (including the ongoing payments)