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CSA Payments,,,, Ly...
 
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[Solved] CSA Payments,,,, Lying ex-wife !!!


Posts: 2
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Topic starter
(@hooper)
New Member
Joined: 13 years ago

I am arranging payments with the CSA of which i have no problem paying for my daughter BUT after filling in all the relevant forms including the question about how many times i have my daughter ( of which i put the minimum of 52 times a year, even though its more) I have now been told by the CSA that because my ex has said i dont have her at all my payments are going up. I have had shared custody for years and had my daughter for holidays and every other weekend. I sent proof to the CSA ( photos of memorable occasions with me, tickets of holidays with her name printed on them etc) but they just say NO your ex-wife says you dont have her !!! Surely this cant be legal, i can prove i have her SHE cant prove i dont. They have said there is nothing i can do unless i spend thousands on a solicitor, wheres the justice in that... Any advice please ???

9 Replies
9 Replies
 actd
Registered
(@dadmod4)
Joined: 15 years ago

Illustrious Member
Posts: 11892

Hi

I'll ask the CMO to pop on and give an opinion. One thing I would be careful of, however, if you can prove to the CSA's satisfaction that you have your daughter for 52 days per year and get your payment reduced again, is there the possibility that your ex will restrict overnight contact to less than 52 days to get the payments back up again?

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(@Child Maintenance Consultant)
Joined: 13 years ago

Noble Member
Posts: 1075

Hi, I'm Sarah, a consultant at Child Maintenance Options.

When making a decision about shared care, the CSA should consider the information and evidence provided by both parties. I suggest that you contact the CSA and ask them what information they will accept as proof of shared care. The number you need will be on any letter the CSA have sent you.

If you do not agree with the decision the CSA has made in relation to shared care in your case, you should formally ask them to review their decision. If you're still not happy, then you can appeal against the decision. This is a legal process which can take a long time to go through. However, you do not need a solicitor to represent you at an appeal.

For more information about reviews and appeals, visit www.direct.gov.uk/childmaintenance

I hope this answer helps you,

Sarah.

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Registered
(@hooper)
Joined: 13 years ago

New Member
Posts: 2

Hi
Thankyou for your reply. I have asked them what evidence they would accept and they said `nothing` except my ex-wife saying that i have my daughter, which is obviously where it all falls apart because she disputes this so she can get more money. My daughter is special needs and i asked the CSA apart from waking her up at 3am and standing her in front of ceefax to clarify date and time which proves shes here and taking a photograph there is nothing i can do. The CSA lady i spoke to said i can appeal but it goes to her and she has to receive it within the week ( which has now gone) and shes made her decision anyway so I would be wasting my time !!! The whole system just seems to be a legal rip-off !!
I have sent in photographs of us all together, including my daughter opening birthday cards with her age on which you can see, over xmas, queens jubilee with my daughter holding flags with the date on etc etc. I have also sent in copies of when i booked to go to spain with the passenger names on and yet they still say, `sorry your ex-wife says you do not see her` . Surely my evidence proves that shes lying !!
What do i have to say and do to make an outside appeal as they are not helpful on the phone and will try anything not to give you the information you want to go against their decision.
Thankyou

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 actd
Registered
(@dadmod4)
Joined: 15 years ago

Illustrious Member
Posts: 11892

Hi

I'd look up applying for a variation - I'm not sure if there is a reason that exactly covers your situation, but adapt one as much as you can. The idea is to get it to a tribunal, which takes the decision away from the CSA office and you get your chance to state your case in person.

Also, speak to your MP as a matter of urgency (because they don't move quickly) - put your case in writing and give it to your MP when you see him/her, an enquiry from an MP is treated with priority.

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(@Child Maintenance Consultant)
Joined: 13 years ago

Noble Member
Posts: 1075

Hi again,

Information about how to appeal a CSA decision can be found here:

http://www.direct.gov.uk/en/Parents/ChildMaintenance/IfyourealreadyusingtheChildSupportAgency/DG_199067

Sarah.

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Registered
(@scholes)
Joined: 13 years ago

New Member
Posts: 1

in my experience its not worth appealing every time i do my payments go up.i have even been threatened by the csa that my payments will go up more if i keep appealing.i had the same thing with the less than 52 nights a year even though my son had just gone back to living with his mother after he had lived with me for four months.you cant win

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Registered
(@ISDAD)
Joined: 13 years ago

Eminent Member
Posts: 24

I'm sorry but I have to agree with Scholes and, whilst this post will not help, it needs to be said that the CSA is an unfair, out-dated and inefficient system. I was the resident father providing a stable home, love, sustenance and support yet Mum said otherwise so the CSA was quick to judge and rule for the mother, with no possibility of appeal or reason.

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Registered
(@Wedsowl)
Joined: 13 years ago

Active Member
Posts: 3

These examples are horrific and sums up just how unjust CSA is.
It seems to me that CSA is run and operated by the types of women that are causing this misery in the the first place - why is this organisation [censored]-bent on destroying families even moreso by its sexist, biased, corrupt, chauvanistic attitude towards fathers, many of whom are by far the most competant parent and working hard, earning their living as opposed to expecting handouts. What happened to equality?! Are there any men that work CSA?

Who supervises CSA? DO they have a watchdog - if not why not? When was this system last reviewed and investigated?

This system must breach HUMAN RIGHTS of every decent man/father out there trying their best to provide for their children whilst there gold-digging ex's take the P!!!!!

Would DAD.info be wiling to compile a survey and maybe even a petition to the Gov and Court of Human Rights to get this mess sorted out.

The CSA should be about the child - not maintance for the other parent's WAG lifestyle - therefore it should be that BOTH parents finances etc... must be taken into account.

Can anyone give me a logical explanation why I should pay maintenance to my EX when I have shared care of my children. Have them exactly the same legth of time per week/month/year, can prove it, do all general chores etc....and yet being asked to pay the other parent maintenance. There is no logic!!!!!!

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 actd
Registered
(@dadmod4)
Joined: 15 years ago

Illustrious Member
Posts: 11892

It does work the other way around - the CSA determine who should be paying who based on which parent gets the child benefit, which in the vast majority of cases means the correct decision is made, and perhaps that is where the fault lies, and not with the CSA. The CSA has clearly defined rules it has to follow and does not have the authority to disregard the rules - if they are wrong, then the variation process does allow for a little more flexibility.

I speak from experience here as a father who is the resident parent and who has had success through the CSA, and through the variation process in getting them to collect maintenance to some extent when my ex was determined to try everything possible to avoid paying anything at all.

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