DD in dispute with ex SIL re CSA payments.

Flowerofthe west. That is a very sorry tale to tell. It must be causing you some anguish. My daughter is penning a letter to her MP today - it is quite extraordinary! Will keep you posted!

Ours (well my son's) was from the other side of the coin as it were.

He had been paying cash £500 a month to his ex without receipts - silly man - and then her mother started saying that a cheque would be easier but made out in her name. So he did this. He was also under the hospital for mental health reasons after 2 suicide attempts - I spoke to the CSA with his permission - a lovely lady agreed to look into the problem as he was not working because of the mental health issues. (he had always worked and it was when he became ill through the divorce and being denied contact with his children that his ex contacted CSA) The lady I spoke to agreed to spread the 'back payments' thinly for him so that he could pay what she said he owed the ex. In fact he didn't owe anything at all because, as I have said, he was paying £500 plus and buying their extra clothes when she requested.
The said lady moved departments and a 'Victor Meldrew' type of man took over and was really unpleasant. The upshot it that my DS now owes thousands in back pay. He is paying but to the detriment of his new family - who were not on the scene when this all began - They even took Family Credits from his new wife to pay to his ex. She is living the life of riley. Everything paid for by the government and living a very very bitter life.

I agree with you in general, Flower but in my experience, if a MP gets involved, they do pay attention.

Maybe do a letter to the CSA setting out the facts. Copy in your MP and write to your MP asking him/her to intervene. That often works

In my humble opinion the CSA do not listen at all.

Let's be clear: the Benefits Agency counts his pension as income so that he can't claim JSA. But they tell the CSE that he has no income. Quite mad. Either he has an income or he hasn't. I think you should make your DD's MP aware of this anomaly. The CAB could also take it up for you.

Now, here is an update. SIL has lost his job, or got the sack. He has registered for job seekers allowance. They have looked at his income but BECAUSE HE HAS GOT AN MOD PENSION OF £780 PER CALENDAR MONTH, he is over the limit and he cant get any money. They will just pay his national insurance stamp. Both CSA and the Benefits Agency know he has got the pension coming in. Now CSA has written to DD to say that, because he cant get job seekers allowance, Benefits Agency have contacted them to say he has no income, therefore they cannot give her a share, so she can get no money. BUT they both know in writing and in interviews with SIL that he has income of £780 a month. CSA say, unfortunately, they can do nothing about it because the letter from Benefits Agency states quite categorically that he has no income. That letter supercedes every other instruction/advice, they have to follow to the letter what it says, and consequently, they cannot give her any money. So his pension counts for nothing - they cant take account of it at all although both departments know full well he is in receipt of it. You just couldn't make it up, could you? So where do we go from here? appeal to CSA? appeal to Benefits? go to CAB? go to MPs surgery? chain ourselves to the statue in Westminster Hall? DD has a 12 year old autistic son, she works part time, she scratches around for money, my partner and I support her financially. We are four hours away in the car, so little practical help on a day to day basis. Has anyone else known anything quite as crazy as this?

The CSA has been joined by - but not superseded by - the Child Maintenance Service. I am not clear about who does what. If you can't get sense out of the CSA, it might be worthwhile contacting CMS!

thanks, Suzz - and everyone else!

has your DD tried to find a local group 'against csa' she might find a poster or something in the local c.a.b. When we started dealing with the csa some years ago (when it first started) we found a local group of people in the same boat (so to speak) and the advise we got from this support group was worth its weight in gold. There are usually people from different backgrounds i.e. solicitors/csa workers who go out of their way to help.

This is a bit of a garbled post but give c.a.b a try.

The Law Society has a section on their web site : 'find a solicitor'. You can find you local ones and ring round to find out which ones still do a free preliminary interview.

Can you still get half an hour free with a solicitor? If so, it might be worth having a quick discussion with one about the situation.

thanks so much, all of you! Wise advice from everyone and much appreciated. I have spoken to DD tonight. She says she isnt going to battle with him, its not worth the effort for £9 a month. She has got an appointment with the Bank this week to explain about her reduced circumstances and be honest with them. It just means she cant afford any icing on the cake for little 12 year old - but we will help her out with shopping vouchers etc so she will be OK. So it is Ok for now but the pot will simmer over if SIL gets a job and doesnt tell her. I dont know...you watch your children marry when you know their partners are completely not right for them.....and can only be there to pick up the pieces. Sad, but true.

We found that making a formal complaint got a case worker who had a better overview and could pull things together more coherently!

seasider they took account of the total outgoings of the household in SiLs case.

Despite making several attempts I still can't put my thoughts into words but I would like to say 'you are not alone' and I do wish you and your DD success in sorting this out.

By the way since 2003 unless there are exceptional circumstances CSA payments based only on the non resident parent's income. No housing costs allowed.

If your Son in law paid your daughter more than the CSA decided he should pay then it should be treated as a gift and your daughter should not have to repay. She should explain he chose to pay more because it suited him and that she is not in a position to repay the money due to her reduced maintenance

It is total household income that will be taken into account but current mortgage, child care etc will be deducted.

Sadly the CSA is a complete mess because it is understaffed and has a high staff turn over. It is inconsistent and old files/information archived and not easily accessible.

It was a big mistake not to go through a solicitor first of all. A signed agreement is all.

My SiL had an unwritten agreement with his former partner for the maintenance of their children. She got caught claiming benefits and not admitting any income. So they chased SiL because she said he had not paid her. They wanted nearly £70k!! My SiL is not very literate so my DH took on the might of the CSA and won. In the end ( 5 years of wrangling, finding bank statements etc) it was agreed that at most he might have owed was £3k over 10years! and taking account of current income and expenses he does not have to pay anything for the 17 yr old still at home. (but he does, as he always has!)

Definitely try contacting the CSA first. I'm not sure but I think they take total household income into consideration, therefore if they look at what he has coming in, Army pension plus new wife's income, his circumstances might not look so "reduced".