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TOPIC: Small CSA Victory

Small CSA Victory 3 years 2 months ago #76904

Small CSA Victory
Dear Sir’s,
I’ve been fighting a CSA case at court that dates back to 2002 as part of the new CSA / CMS transfer! Where basically the children were palmed off to the grandparents 5 days a week and the mother received full CSA payments.
Unfortunately CSA legislation did not take into consideration the contribution of grandparents who the CSA considered as a 3rd party! As part of a family based arrangement/ agreement between the mother and the father of the children for their future financial care and welfare of their needs. The shared care only related to the mother and father of the children!
On the 28th July 2016 I successfully secured a verdict that since 2002 a total of £11,000 in over payments as the mother and father and the grandparents (the fathers parents) had an agreement and in fact the grandparents since 2002 had the children 5 DAYS OF THE WEEK OR EACH CHILD AT LEAST 50% OF THE WEEK due to their individual activities, THIS WAS PROVED VIA THE “CAFCASS” reports, UNFORTUNATELY I didn’t ask permission from the family court in 2016 if I could use these Cafcass reports in my CSA transfer appeal, “I WAS INCONTEMPT OF COURT” however the Judge was sympathetic to my apologies for not being legally qualified? I therefore suggest you obtain “PERMISSION” from the family court before doing this.
Despite raising this issue with the CSA since 2002 and bundles of letters confirming my contact with them on this issue, and the intervention of Mr Tim Dorney Kingdom and Mr Tom Skewis who represented me at several appeal hearings over correcting assessment payment schedules I never actually successfully won my case. Thus the judge decided I was not entitled to a refund as I was now “APPEALING OUT OF TIME”!
However as I had £13,000 of CSA arrears and I proved my ex-wife had not been honest with the CSA since 2002 and failed to notify them of the true circumstances and that in fact at this CMS tribunal hearing her STATEMENTS continued to be misrepresentation of the truth as she denied the grandparents had any input into the children’s lives at all, this was disproved by the grandparents providing a STATEMENT via their family solicitor which included cheque book receipts / receipts / bank statements etc. that showed they had paid from nursery school expenses and school uniform expenses to learning to drive expenses, food and general expenses , purchasing a five year old vehicle for each of the 3 children after passing their driving test / my daughters £10,000 a year collage expenses and my two sons £2,000 a year EACH Peterborough regional collage full time courses, let alone leaving a £200,000 house in trust for the 3 children? IN FACT THE FAMILY SOLICITOR ROUGHLY ESTIMATED THE GRANDPARENTS HAVE PROVIDED AROUND £450,000.
Please remember I have a lifelong illness / disability called BIPOLA that means for most of my life I have been unable to actively take up any form of meaningful employment and as disabled have claimed Incapacity / DLA and now ESA and PIP.
The judge ruled that £11,000 would be deducted from the £13,000 outstanding arrears thus leaving only £2,000 as a lump sum payment to close my CSA arrears case down, as in fact at £24.70 per month I would be 89 years old when the £13,000 would have been paid off in full and therefore it was totally impractical for the £13,000 arrears to be paid off at all.
Please remember you need to prove that your child is attending less than 11 hours per week in further education to avoid making child maintenance payments, unfortunately when your child leaves school and turns 18 only your child can do a DPA and provide evidence of their collage course records, SO ALWAYS REMAIN ON GOOD TERMS AND CONDITIONS WITH YOUR CHILDREN OTHERWISE YOU CANNOT PROVE YOUR EX-WIFE IS FRAUDULENTLY CLAIMING CHILD MAINTENANCE AND CHILD BENEFIT PAYMENTS? When you have this evidence or even talking with your children (texting) you can make a formal complaint to the child benefit service and child maintenance service. THIS IS A COMMON ATTEMPTED FRAUD!

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Small CSA Victory 3 years 2 months ago #76928

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Wow, well done and thank you for sharing! Great for our dads to read success stories like this.

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I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

Small CSA Victory 3 years 2 months ago #76932

Thank you for sharing your experiences. The main point I will take from is listening to my child and keeping in good terms always.

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