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Hi all,
I am a supportive partner of a nrp. My partner, like the majority, adores his children (18 and 16). We have been fighting the CSA and Tribunal services for the best part of 10 years. We had a dispute a few years ago with one particular tribunal, and to cut a long story short, they applied a charging order to our jointly owned property. We fought it but they said to fight it further, we would have to go to the high court, which we couldnt afford, so had to suffer it.
The ex has been harrasing the CSA continually (they have advised us this), and is now pushing for them to force the sale of our home for her arrears.
My partner pays above and beyond, pays extra for school trips, holidays, activites etc and will now contribute to my stepson going to uni, as well as continuing to pay his ex.
What are the realistic chances they can force the sale? Is there any case law available?
Many thanks..
Hi bettyone, and welcome
Firstly, I do not have expertise in this area, so it may be worth speaking to the Citizens Advice Bureau or paying for a short consultation with a solicitor who is expert in this area.
I do believe that the purpose of the charging orders was that the CSA (on behalf of the resident parent) would be able to recover the monies owing at such time as the house is sold, and that generally they won't force a sale of the house unless the non resident parent is refusing to pay maintenance, which your partner is currently doing.
However, you say that your partner is paying above and beyond the CSA assessment, and pays for school trips etc. I would strongly suggest that he stops doing that immediately, and instead, speaks to the CSA about paying off the arrears. If his children need, say £500 for a school trip, then he pays a lump sum of £500 through the CSA to reduce his arrears - the result is that the children still get the money to go on the trip, but his arrears have gone down - the children don't miss out, but his ex certainly does as eventually the arrears will be paid and the charge over the house will end.
Thank you for replying.
I take your advice on board.
We consulted a solicitor who basically said try and pay it before it gets to court, or at least attempt to - not massively helpful!
We have agreed to pay towards my stepson at uni, so perhaps we should tell him that we cannot do this as we have to pay arrears. We really dont want to, and the kids dont want to get involved. They missed out on 4 years not seeing their Dad over money, and now this.
I just cant believe, although they are a nightmare, the the CSA can actually force a sale. Nor can I believe that there is no caselaw on csa cases - they need to be accountable, as do the Tribunals service.
It grates on me that she lives in a house brought and paid for by my partner, yet she can still do this and they are always on her side. He is not an absent father, nor does he shirk his responsibility to commit financially to bring them up.
Rant over!
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