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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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I have received a letter from the CSA stating they should

Resolved Question:

I have received a letter from the CSA stating they should have stopped paying the maintenance in 2014 and that I have to pay them back £3000. Can this be enforced? I have no idea when payments are supposed to stop?
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

How old was the child in respect of which the payment was being made, in 2014 and when did the child leave full-time non-advanced education or start working?

Customer: replied 1 year ago.
He was 18 and was on an apprentice electrician course and still is. He works 4 days and attends college 1 day.
Customer: replied 1 year ago.
I've only ever had £35 per week maintenance since I eventually managed to get anything at all ann and now they want me to pay £3000 to the absent parent who has paid virtually nothing for his childs upbringing!
Customer: replied 1 year ago.
Is anybody there?
Expert:  F E Smith replied 1 year ago.

Thank you. The payments should have stopped as soon as your son started work.

Remember this is not government money, this is money which the child’s other parent has paid and which is an overpayment.

It is likely that he is pursuing CSA for this overpayment. Hence, they are pursuing you.

Unfortunately, you are not entitled to keep the overpayment but you are entitled to have a reasonable time to repay.

I’m sorry that this is bad news for you. I can understand your frustration.

Can I clarify anything for you?

Please don’t forget to rate the service positive. It’s an important part of the process by which experts get paid.

Best wishes.


Customer: replied 1 year ago.
Can they order an attachment of earnings and take however much they want?
Expert:  F E Smith replied 1 year ago.

Incidentally, if this is their error, you may be entitled to compensation from them but it’s not going to be a fantastic amount of money so you do need to raise a complaint.

They can only deduct money from your wages with an attachment of earnings order if they get a court order and he would be allowed to defend that because they cannot leave you without enough money to live on.

Customer: replied 1 year ago.
Ok thanks. I will make a complaint to them as this is their error as they are supposed to stop maintenance when Child benefit stopped I've just been reading.
Expert:  F E Smith replied 1 year ago.

That is absolutely correct. Unfortunately, the errors that you have experienced, are only too common.

I would probably offer them £10 per month (which they will of course refuse) but keep paying the £10 and make a note of how much you’ve paid. Their record-keeping might not be that good!

F E Smith and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
They can refuse all they want, I can't pluck money out of thin air.Thanks again.

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