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I received a child maintenance calculation in 2012, the mother had been paid directly since the child was born so I had no knowledge of CSA involvement unit 2009. I did not get notification of the hearing. The decision backdated the child support for one child to 1997 and claimed I was earning £1,000 per day. There was no evidence for this and the matter has been looked at by and another judge who agrees. The First Tier Tribunal and the Upper Tribunal have failed to change the decision, despite providing ample evidence that there are no arrears. Child Support Agency's The Independent Case Examiner has failed to correct the decision. We have not had any success in challenging the decision by judicial review There were no reviews of my income for over 16 years. As a consequence, I am being asked to pay £108,000 that I do no owe. This is despite the fact that I have always paid for the child's clothes, upbringing and other expenses and also paid more than the level of child support directly to the CSA, once I found out about their involvement. The case has now reached the state of charging orders being made. I am amazed that judges can act with maliciousness when it was clear from all of the evidence that the earnings figures were incorrect. I am also amazed to see the CSA have refused to amend or supersede the decision despite numerous requests to do so. I have tried to bring the case to the European Court of Human Rights, also without success. Does anyone have any ideas what to do next? There is ample evidence to show that the earnings figures are wrong the problem is that neither the CSA or the Tribunal will look at them - probably because it will show that there has been a massive miscarriage of justice.
The only advice I can offer is to go and see you MP, he can escalate your complaint up to the Parliamentary Omsbudsman and liaise with the CSA on your behalf.
I'm sorry I can't be more helpful...sometimes it seems that this lot are little more than government backed gangsters, who don't give a [censored] about the mistakes they make or the lives they ruin as a consequence.
are you able to escalate it to the secretary of state for DWP?
I wrote to him and the Permanent Secretary and I have received no response. I am so amazed that this can happen in the UK they will not look at the file of evidence on which their assessment is based because they know there is no evidence to substantiate it. The problem with child support law is that most judges and solicitors do not know how it works so they tend to go with what the CSA and the First Tier Tribunal says. My feeling now it that this should be made public because it allows Tribunal judges who do not like you to make decisions that have no factual or legal basis and no one can challenge them. The CSA then failed for years advise to apply to apply for a supersession of the decision and did not carry out a periodic case review. As a result, they claim I have been paid nearly cash in hand £450,000 a year for 16 years from government departments with no records to support their claims. They claim I am working at places that have closed and gone into liquidation, I have shown them the records from Companies House and my PAYE records, but they refuse to look at them. According to their assessment I was doing to full-time jobs and travelling to work over 150 miles round trip each day, that is working 23 hours per day. I think most five-year-olds could work out the assessment was wrong.
In which case, as mojo suggests, go to see your MP. Take a short summary of everything which you can leave with the MP (that way nothing is forgotten or misquoted) with any supporting evidence - the more work you can do for the MP, the quicker they can hopefully act on it.
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