Ask a Law Question, Get an Answer ASAP!
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?
So these are all CSA arrears?
Does he drive?
What assets does he have
Have you had a letter from the CSA saying that you should deal with enforcement yourself?
How much is the house worth?
What enforcement action have they actually attempted?
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
Take the matter all the way up to the Independent Examiner if need be
Please ask if you need further details
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?
When was the last re-assessment?
What about for ongoing payments?
Have you formally appealed the assessment?
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)