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[Solved] CSA Jurisdiction


Posts: 2
Registered
Topic starter
(@Watson)
New Member
Joined: 12 years ago

Hi, I have been separated for 2 years and have (had!) a verbal agreement regards to how much I would pay the mother per month. This is done by standing order and I have paid every month. The mother has got herself in debt with all the [censored] she buys and is now after more cash. She is lying to CSA about how many nights I have the children in order to do this. They only believe her word.

However, I have recently changed jobs. I work in scottish waters for a company whose head office is in UAE. I think the payroll is in Aberdeen but the company is ergistered in Jersey. I am a UK resident but spen 2 weeks in 5 on a rig off scotland.

I believe that the CSA only has jurisdiction when the father works in england and wales and any orders they send are unenforcable?

Am I right or Wrong??

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

Illustrious Member
Posts: 11892

I think you are wrong - if the company is based in the United Kingdom, even if you are working abroad, then they can enforce payment. If you weren't paying, then they could go for an attachment of earnings. The registration in Jersey is probably a tax scheme, but isn't necessarily where the company is based.

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Registered
(@Watson)
Joined: 12 years ago

New Member
Posts: 2

Thanx for the reply. The parent company HQ is in the United Arab Emirates and my subsidiary is registered in Jersey. I know they cannot get an attatchement of earnings order served to either of those places it's just the fact my payroll is in Aberdeen that might do for me. I have a contact order from the courts but I left it open ended as regards to specific nights because my job at the time required me to be flexible, and I still had them 40% of the year, but now I get 3 weeks off in 5 so I am willing and able to have them at least 40% and hopefully 50% of the time. I rent so they cannot force a sale of house and I have nothing of any real value for bailiffs to take. Obviously they will go for my bank account but I will be closing that soon and opening one in Jersey. I will be going back to court to try and get a time specific order. Hopefully she will be no longer eligible for legal aid.

Let me be clear, I am not trying to evade a fair and proper payment, but the Nazis on the CSA phone line are incredulous that I have had my children stay 160 nights of the year. They are taking the mothers word as gospel and everything I have read about this says I have little chance of persuading them. Unfortunately I cannot except the unfairness of this situation and if I have to I will work and live abroad, to escape this. Another case of the CSA destroying father and child relationships.

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(@Child Maintenance Consultant)
Joined: 13 years ago

Noble Member
Posts: 1075

Hi Watson.

Thank you for your post. My name is William I am the Child Maintenance Options consultant. I am sorry for the delay in replying to you.

In answer to your question, the Child Support Agency (CSA) does have jurisdiction throughout the United Kingdom (UK), including Scotland.

As we are a different organisation to the CSA, we do not have access to any details that they hold. So, you would need to contact them directly to speak to them again about the amount of nights your children stay with you. If you can provide evidence of the actual care you have provided for your children, the CSA will consider it when making a decision about how shared care should be attributed. They will not just take your children's mother's word for it and you can dispute it.

You can find contact details on any letter they have sent to you. Or, you can find the right number here: https://www2.dwp.gov.uk/csa/v2/en/contact/index.asp.

You indicate in your post that things are difficult at the moment. However, if your circumstances were to change, you may wish to try and continue with the family-based arrangement you originally had in place. While this type of agreement is not legally binding, it gives you the flexibility to agree between you what counts as child maintenance, and to change your agreement as your children get older or your circumstances change.

For more information about family-based arrangements and access to useful tools and forms online you can visit http://www.cmoptions.org, or if you would prefer a confidential chat you could call the Child Maintenance Options team on 0800 988 0988 (free from a landline).

We also have a sorting out separation web app that you may find useful, it offers help and support to separated families. The link is: http://www.dad.info/divorce-and-separation/sorting-out-separation

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Registered
(@brumie)
Joined: 12 years ago

Active Member
Posts: 8

I would like to also reply to this, not on if you have to pay etc, as I have no clue!

I myself had the same problem with my daughters mom saying I only had my daughter 40 days a year, yet I was having her around 220 day's, the CSA said the only way I can prove this is to get my own daughter to sign a diary saying she stayed over night every time!
Now I was not going to put my daughter in this posision, and also the CSA said I would have to do it for 6+ months before I could then prove I was having her more than her mom was saying, but then they said this STILL would not be 100% proof!
So really the parent with care thats claiming the money via the CSA NEVER lie's in there eye's, and if they are then you have to become a PI to prove it!

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