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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My son has just been hit with a claim from his ex wife for

Customer Question

My son has just been hit with a claim from his ex wife for CSA arrears (circa £1500), the two girls in question moved back in with their mother. Prior to that he had the girls and his ex wife still owes him circa £2750.
CSA say he has to pay this 1500 to her then they will recover the £2750 from her on his behalf...... Is this the usual case? The CSA have told him they are coming for him to claim the full amount from him, any advice would be most welcome.
A concerned parent
Submitted: 3 months ago.
Category: Law
Customer: replied 3 months ago.
Just spoke to the son, he says that there has been an attachment of earnings placed on his ex for £114/month, due to start in October. CSA say there are two departments now but they don't communicate with each other.
He has offered to write off the £2750 if she drops the claim for the 1500, CSA say that this can't be done.
Customer: replied 3 months ago.
Hope all this makes sense to you. He is with one branch of CSA and she is with the "New" branch
Customer: replied 3 months ago.
Will there be a response tonight? Or is it going to be tomorrow as per the banner? Please advise
Best regards,
John.
Expert:  Clare replied 3 months 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

Is he able to ocntact his ex at all?

Customer: replied 3 months ago.
Hi Clare,
Relations are not that amicable, so in a word I would say no. What is the relevance to this?
Expert:  Clare replied 3 months ago.

If they were able to speak then they could both agree to setting one debt off against the other - the CSA will not do it but with a joint approach it would be possible.

As things stand all your son can do is offer instalment payments if the money is actually due.

One option would be to offer £100 a month from October - then the money that he receives via the CSA can go straight back there.

Not ideal I know but sadly the best that can be done

Please ask if you need further details

Customer: replied 3 months ago.
In your opinion, how do you think a court would rule on this if it actually went to court?
Expert:  Clare replied 3 months ago.

It does not "go to court" in the way that you imagine.

All that the court deals with is the how of enforcing it - not if it is reasonable to do so - he will have to pay I am afraid

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