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Clare, Solicitor
Category: Law
Satisfied Customers: 35042
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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In 2003 my X husband made a claim for child maintenance through

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In 2003 my X husband made a claim for child maintenance through the CSA. He claimed for my eldest who was in fact in the army and not living with him. I appealed and the case was closed. In 2005 the CSA went to my employer and took in the region of £76 directly from my wage over 3 months. They took £1.70 too much and this money was returned to me by check. I had been told my X could reply for maintenence which he did in 2007. In 2008 some one at the CSA decided to back date maintenance owed for 2 of my children to 2003 even though one of them had been living with since June 2007. The last child living with my X started working in September 2012 but my X did not inform the CSA in spring 2014 I was sent statement claiming I did not have to pay as my earning were 0. My life has been he'll since then I had to make an appeal against their judgement. I believe I owe in the region of £400 since 2007 when my X reclaimed. I do not have a problem with paying maintenence from that date of claim . I do have a problem with paying before that claim. My X had been deliberately trying to screw me over he had been a very abusive husband and I had left because of this . He tried every way to make me pay for having the guts to walk away. You would not believe what he has done to me over the years. He has a record for asault. He has also been claiming disability and has not worked since 1991 . He tells people he had an accident at work though he actually lost his job through redundancy. None of our children no longer live with him. The CSA are still after me. I believe I should not have to pay maintenance back dated between 2003 and 2007. In 2003 I earned £109 a week I was a single person till I started a relationship with present husband in Oct 2006. I believe that if the CSA had taken money from me at the time I would have had to claim some kind of financial help . I do need advise. Many thanks
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old were your children in 2003?
When did the children move to live with you?
What arrears are the CSA trying to claim?
Customer: replied 3 years ago.

Kyle was 16 in sept 2003 when he put claim in kyle had gone in army 5th sept .graydon was 12 and Bradley was 8. I made an appeal they said they wanted £9 of the £109 . The case was dropped . I was told in 2005 there was an outstanding sum of about £76 they have never told me what that sum was for but went to my employer and told them they had to take 3 equal payments and then it should have been a 1 off payment of about £1.76 but they told my employer it was an ongoing sum .after I showed the pay department my letter they sorted it with the CSA and I had the sum returned to me by chequestions from the CSA. I had been told he could reaply which he did in April 2007. Graydon came to live with me in June 2007. He has ADHD, aspbergers and toureters. From that time they took maintenance from my carers allowance. Graydon at a later date moved out for a while and when he moved back in I never claimed again.I have had periods where I have not worked in April 2012 I had a knee replacement and they just payments from that money. In September 2012 Bradley the youngest got a job with Deloit from that date till May 2014 Bradley had lived there but they had not declared the income to the housing or the benefits may his second wife left which then Bradley had to move out because his dad would not get the housing benefits paid and the housing would also find that there was almost a £20000 income that had not been declared. In 2008 the CSA said that the claim would be back dated.this is point I really do not agree from April 2007 I believe I owe in the region of £400 . In a letter dated June 6th 2014 they claim I owe £2539.32 . In the breakdown of that account they claimed I owed from 3/09/2003 till 19/06/2007. 198 weeks of £9 . That £9 had been the organ sum for 3 children . It really does get very complicated. It is the period between 2003 and April 2007 I totally disagree with. He had made an illegal claim against me and believe me it was totally out of malice and then in 2008 after graydon had been with me for a year they decide to back date to the original claim. Another thing I object to is that if I was employed they would have gone straight to my employer and would have taken money straight from my wages. This is the reason I have not been officially working nor am I claiming benefits. At present I earn £46 that the CSA do not know about . I need to find work as we are struggling with the present financial climate. I have not claimed benefits or paid national insurance contribution so I fear that I am not eligible and I'm now in need of another knee replacement. . My X husband really is a nasty piece of work. He stopped me from seeing my own children when I left . It took 13 months going through the courts to get to see them again. The courts were very damming of my X. He remarried in Oct 2003. He has not worked since 1991

Customer: replied 3 years ago.

Sorry last correspondence from CSA they were investigating my earning

I am sorry - were you in fact paying maintenance for the children during this period?
Customer: replied 3 years ago.

Yes I paid maintenance for Bradley when graydon moved in with me I had to pay £5 a week out of my carers allowance of about £52 . From that period there is sum outstanding. From 2007 till 2012 there is a sum of I believe to be in the region of £400 not too different from what they are claiming. Its them deciding in 2008 to back date to 2003 I have the problem with.

Did you pay maintenance between 2003 and 2007
Customer: replied 3 years ago.

The claim was stopped when I appealed then in 2005 it was said I owed £72 they couldn't ever tell me what that Money was for. They deducted £23.44 for 3 months then a one of payment of £1.68 . The letter they sent my employer said it was to be an ongoing monthly payment. I took my letter in and the wages clerk sorted the CSA and the extra payment was returned to me by cheque. I did not hear from the CSA again until june 2007 when they said my x had re applied for child maintenance in the april of that year. On 18/10/05 I was told by Richard Ball who worked at theCSA that the case had been closed on 29/10/03

Customer: replied 3 years ago.

It was in 2008 they decided to back date to the original claim

I am sorry - you were working and the children were still with your ex at that time?
Customer: replied 3 years ago.

I left because my husband had become severely abusive. I left with nothing but the clothes on my back. I would never have been allowed to have the children he simply would have made my life worse than he did. I was attacked in the street held against my will for several hours stalked. The list goes on. And that was after I left. I got a job as a care assistant earning very low wages it was a masive struggle single trying to keep a roof over my stronger now and in hind sight there should have been some kind of organisation that could have helped then . He stopped me seeing my children he tried every way possible to make my life a misery. The children were poisoned against me. Took 13 months but I got access to my 2 youngest. The eldest I still have no contact with. I worked for a low wage till december 2007 since then ive worked small cash in hand jobs that I have declared to the tax office.. the tax office is one of the department that ive been reported to and investigated by. The CSA however fo not know about this income

I am afraid that you were liable for maintenance for the younger two children from the time the assessment was applied for which may have given rise to the arrears
Having said that the CSA is rarely right in its calculations.
Your starting point is to request a copy of your file from the CSA under the Freedom of Information Act - this will allow you to try and work out how they made the mistakes.
You can also make a formal complaint about the way that the CSA has behaved
YOu can find out more here
Always deal with the CSA by letter - never by phone.
You can also get assistance from the group
Please ask if you need further details
Clare and other Law Specialists are ready to help you