CSA help please
Discussion
Hi All,
I am a regualr on here but for conifidentiality don't want to highlight this to those that know me.
I have 2 children in their teens who live with my evil ex. I happily paid my CSA payments (better/easier than dealing with my ex) for many years, about 12 now. I als loaned her my half of the equity of our house saving her about £24,000 in interest rates in the past few years (she has to give me the money back when the kids are 18). I've had good jobs in the past so paid anything from £800-600 a month to her. Naturally she did everything possible to stop me seeing my kids but the law doesn't care about that. Being a lazy b
h she also chose to work p/t despite moving 90 miles away to be near her parents for support.
Anyway, I left employment about 18 months ago to work on my own and so stopped paying my CSA payments (I'd over paid in the past by 9 months anway). Its been very very hard for me and what I have earnt has been mostly what its cost me to acquire business. Effectively I've not been earning.
My ex decided, despite knowing nothing much about my lifestyle that I am 'living beyond my means' and am obviously on the fiddle. My wife has a good job and so we can survive ok on her wages although this is not ideal. So, off we go to court and, cutting a long story short, the court said 'Provide us with just about every finiancial document you have' or we're going to (sorry for the language) fk you over massively. I said that's fine although I objected to my ex having full sight of all our financial affairs but there's nothing I can do.
So, what worries me is that the court could now say and, indeed, are intimating 'Ok, thanks for this but we've been through all you details and think you should pay anyway' even though I am not earning and therefore don't have to pay anything and despite me conforming to all requests for information and doing exactly as they and the CSA have said. I've said, on their recommendation, that I'll make an offer to pay some money but what really scares me is that they seem to be able to ignore CSA rules and do what they think and, at the moment, they think I should pay ALL the payments from the last 18 months as arrears plus future payment amount to not far off £1000 a month!!!
Can I fight this in court with my own lawyer if I need too because I feel totally against the wall on this. £1000 a month would be a killer for us and, quite simply, against the law (it seems). There is no proof of me having some hidden income as I don't have one!! I wish I bloody did.
Any help much appreciated.
I am a regualr on here but for conifidentiality don't want to highlight this to those that know me.
I have 2 children in their teens who live with my evil ex. I happily paid my CSA payments (better/easier than dealing with my ex) for many years, about 12 now. I als loaned her my half of the equity of our house saving her about £24,000 in interest rates in the past few years (she has to give me the money back when the kids are 18). I've had good jobs in the past so paid anything from £800-600 a month to her. Naturally she did everything possible to stop me seeing my kids but the law doesn't care about that. Being a lazy b
h she also chose to work p/t despite moving 90 miles away to be near her parents for support.Anyway, I left employment about 18 months ago to work on my own and so stopped paying my CSA payments (I'd over paid in the past by 9 months anway). Its been very very hard for me and what I have earnt has been mostly what its cost me to acquire business. Effectively I've not been earning.
My ex decided, despite knowing nothing much about my lifestyle that I am 'living beyond my means' and am obviously on the fiddle. My wife has a good job and so we can survive ok on her wages although this is not ideal. So, off we go to court and, cutting a long story short, the court said 'Provide us with just about every finiancial document you have' or we're going to (sorry for the language) f
k you over massively. I said that's fine although I objected to my ex having full sight of all our financial affairs but there's nothing I can do. So, what worries me is that the court could now say and, indeed, are intimating 'Ok, thanks for this but we've been through all you details and think you should pay anyway' even though I am not earning and therefore don't have to pay anything and despite me conforming to all requests for information and doing exactly as they and the CSA have said. I've said, on their recommendation, that I'll make an offer to pay some money but what really scares me is that they seem to be able to ignore CSA rules and do what they think and, at the moment, they think I should pay ALL the payments from the last 18 months as arrears plus future payment amount to not far off £1000 a month!!!
Can I fight this in court with my own lawyer if I need too because I feel totally against the wall on this. £1000 a month would be a killer for us and, quite simply, against the law (it seems). There is no proof of me having some hidden income as I don't have one!! I wish I bloody did.
Any help much appreciated.
PurpleMoonlight said:
Did you notify the CSA of your reduced income at the time?
If not, they only undertake the reassessment from when you do and the previous liability continues to the reassessment date.
Yes I did but if they think I am earning and not telling them the court is saying I have to 'repay' all my missed payments and start paying at a standard rate going forward. So I provide proof I am not earning an income, they 'think I am' and so they go with their decsion potentially!If not, they only undertake the reassessment from when you do and the previous liability continues to the reassessment date.
What do you mean by "Its been very very hard for me and what I have earnt has been mostly what its cost me to acquire business. Effectively I've not been earning."
If you have actual earnings the CSA will use that for the CM calculation. The fact that the earnings don't cover what you paid for the business does not concern them.
If you have actual earnings the CSA will use that for the CM calculation. The fact that the earnings don't cover what you paid for the business does not concern them.
PurpleMoonlight said:
What do you mean by "Its been very very hard for me and what I have earnt has been mostly what its cost me to acquire business. Effectively I've not been earning."
If you have actual earnings the CSA will use that for the CM calculation. The fact that the earnings don't cover what you paid for the business does not concern them.
I don't. I've not taken any money from what I have earnt and have just used it to try to get more work.If you have actual earnings the CSA will use that for the CM calculation. The fact that the earnings don't cover what you paid for the business does not concern them.
Undirection said:
Hi All,
I am a regular on here but for confidentiality don't want to highlight this to those that know me.
I have 2 children in their teens who live with my evil ex. I happily paid my CSA payments (better/easier than dealing with my ex) for many years, about 12 now. I also loaned her my half of the equity of our house saving her about £24,000 in interest rates in the past few years (she has to give me the money back when the kids are 18). I've had good jobs in the past so paid anything from £800-600 a month to her. Naturally she did everything possible to stop me seeing my kids but the law doesn't care about that. Being a lazy bh she also chose to work p/t despite moving 90 miles away to be near her parents for support.
Anyway, I left employment about 18 months ago to work on my own and so stopped paying my CSA payments (I'd over paid in the past by 9 months anway). Its been very very hard for me and what I have earned has been mostly what its cost me to acquire business. Effectively I've not been earning.
My ex decided, despite knowing nothing much about my lifestyle that I am 'living beyond my means' and am obviously on the fiddle. My wife has a good job and so we can survive ok on her wages although this is not ideal. So, off we go to court and, cutting a long story short, the court said 'Provide us with just about every financial document you have' or we're going to (sorry for the language) f*** you over massively. I said that's fine although I objected to my ex having full sight of all our financial affairs but there's nothing I can do.
So, what worries me is that the court could now say and, indeed, are intimating 'Ok, thanks for this but we've been through all you details and think you should pay anyway' even though I am not earning and therefore don't have to pay anything and despite me conforming to all requests for information and doing exactly as they and the CSA have said. I've said, on their recommendation, that I'll make an offer to pay some money but what really scares me is that they seem to be able to ignore CSA rules and do what they think and, at the moment, they think I should pay ALL the payments from the last 18 months as arrears plus future payment amount to not far off £1000 a month!!!
Can I fight this in court with my own lawyer if I need too because I feel totally against the wall on this. £1000 a month would be a killer for us and, quite simply, against the law (it seems). There is no proof of me having some hidden income as I don't have one!! I wish I bloody did.
Any help much appreciated.
Get the best lawyer and barrister you can afford and use your accountant to show lack of affordability from your business. Get your lawyer to look at the E1 Financial Statement before you submit it. The CSA has a minimum amount they need to leave you to live on, which varies on a case by case basis. Best of Luck !! I am a regular on here but for confidentiality don't want to highlight this to those that know me.
I have 2 children in their teens who live with my evil ex. I happily paid my CSA payments (better/easier than dealing with my ex) for many years, about 12 now. I also loaned her my half of the equity of our house saving her about £24,000 in interest rates in the past few years (she has to give me the money back when the kids are 18). I've had good jobs in the past so paid anything from £800-600 a month to her. Naturally she did everything possible to stop me seeing my kids but the law doesn't care about that. Being a lazy b
h she also chose to work p/t despite moving 90 miles away to be near her parents for support.Anyway, I left employment about 18 months ago to work on my own and so stopped paying my CSA payments (I'd over paid in the past by 9 months anway). Its been very very hard for me and what I have earned has been mostly what its cost me to acquire business. Effectively I've not been earning.
My ex decided, despite knowing nothing much about my lifestyle that I am 'living beyond my means' and am obviously on the fiddle. My wife has a good job and so we can survive ok on her wages although this is not ideal. So, off we go to court and, cutting a long story short, the court said 'Provide us with just about every financial document you have' or we're going to (sorry for the language) f*** you over massively. I said that's fine although I objected to my ex having full sight of all our financial affairs but there's nothing I can do.
So, what worries me is that the court could now say and, indeed, are intimating 'Ok, thanks for this but we've been through all you details and think you should pay anyway' even though I am not earning and therefore don't have to pay anything and despite me conforming to all requests for information and doing exactly as they and the CSA have said. I've said, on their recommendation, that I'll make an offer to pay some money but what really scares me is that they seem to be able to ignore CSA rules and do what they think and, at the moment, they think I should pay ALL the payments from the last 18 months as arrears plus future payment amount to not far off £1000 a month!!!
Can I fight this in court with my own lawyer if I need too because I feel totally against the wall on this. £1000 a month would be a killer for us and, quite simply, against the law (it seems). There is no proof of me having some hidden income as I don't have one!! I wish I bloody did.
Any help much appreciated.
A bigger shower than the CSA I have never met. My partner has been to court, ruled in her favour and had to go back to court again as the CSA didn't enforce the original ruling. It's now with an independent tribunal and I'm sure will go parliamentary above that. If you know how to play the system they are not the brightest.
PurpleMoonlight said:
What do you mean by "Its been very very hard for me and what I have earnt has been mostly what its cost me to acquire business. Effectively I've not been earning."
If you have actual earnings the CSA will use that for the CM calculation. The fact that the earnings don't cover what you paid for the business does not concern them.
I don't. I've not taken any money from what I have earnt and have just used it to try to get more work.If you have actual earnings the CSA will use that for the CM calculation. The fact that the earnings don't cover what you paid for the business does not concern them.
I have been ultra clear in court but I have been turned over by them in the past and its seems that I have to do everything 'by the book' and yet they can just decide based on what they think without any evidence. For example, a few yeara ago I didn't work for 9 months. I paid the first 3 months payments but could'nt afford to pay any more. I called the CSA and told them. In my search for a job I was hounded by recruitment agencies phoning me and telling me about a great job, only for me never to hear from them again. It drove me mad and so one time when someone called I assumed it was a recruitment agent again and told them I had a job to get rid of them (I had, by then, worked out I needed to go and see rec agents and was doind so). Unfortuantely the person on the phone was from the CSA! I explained that I still wasn't working and why I had said what I did. Too late, they called my ex immediately, and the CSA, shorlty afterwards, did me for 9 months payments even though I had proof, as requested by them, that I wasn't working! Its this kind of thing that makes me worry that they are an utter law unto themselves and that potentially they'll just do what they think/want without any evidence. The stress is killing me at the moment on this!
Undirection said:
PurpleMoonlight said:
What do you mean by "Its been very very hard for me and what I have earnt has been mostly what its cost me to acquire business. Effectively I've not been earning."
If you have actual earnings the CSA will use that for the CM calculation. The fact that the earnings don't cover what you paid for the business does not concern them.
I don't. I've not taken any money from what I have earnt and have just used it to try to get more work.If you have actual earnings the CSA will use that for the CM calculation. The fact that the earnings don't cover what you paid for the business does not concern them.
if you are a sole trader and/or continue to use the term 'earnt' with regards to the revenue generated from trading it;s unsuprising that your ex and the CSA believe you are playing some kind of trickery .
mph1977 said:
Undirection said:
PurpleMoonlight said:
What do you mean by "Its been very very hard for me and what I have earnt has been mostly what its cost me to acquire business. Effectively I've not been earning."
If you have actual earnings the CSA will use that for the CM calculation. The fact that the earnings don't cover what you paid for the business does not concern them.
I don't. I've not taken any money from what I have earnt and have just used it to try to get more work.If you have actual earnings the CSA will use that for the CM calculation. The fact that the earnings don't cover what you paid for the business does not concern them.
if you are a sole trader and/or continue to use the term 'earnt' with regards to the revenue generated from trading it;s unsuprising that your ex and the CSA believe you are playing some kind of trickery .
My company is turning over a nice amount per month, however I earn nothing and the company uses that money as cashflow to restock and pay the bills.
If I used the words, Im earning XXXX a month, but not earning as I need it for my company, then theoretically as soon as the CSA/Ex get hold of me, the company would go under, as I susupect the bad use english and their lack of understanding mean, they are using my own words "I have earnt..... " against me.
If you take nothing out of the Ltd, then you have earned NOTHING... NOTHING get it...
You have already proven you have been bent over once due to a mishap in your use of english/miscommunication and people taking it the wrong way, when you meant something else.
If you keep on doing it then it will happen again.
Undirection said:
Ok, look I and they haven't been caught up in the 'earnt' issue. I have made it clear that the business has had a minimal income and that none of that has been taken out by me as wages/income.
Are you Ltd or a sole trader? Knowing this will help you to get the correct advice.Undirection said:
Ok, look I and they haven't been caught up in the 'earnt' issue. I have made it clear that the business has had a minimal income and that none of that has been taken out by me as wages/income.
If you use the word income in front of CSA or your Ex, that will be deemed to be your income.The company, if its an Ltd has a positive cashflow for bills/stock/purchases for the year, but thats turnover/contingency until officially showing an income that is taken as profit.
I understand what you are saying but, its still the words you are using that you will be picked up on, when they say that the you told them the company is making income and you therefore are deliberately hiding money to not pay CSA.
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