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I have just been sent a letter form the CSA stating I have arrears of £9860 and cannot find out much information as to when and how this is due for my son who is now 19. My ex wife has never worked a day in her life and been on benefits since we divorced 14 years ago. I paid maintenance until he was 16 and actually received a rebate from the CSA in 2010 due to overpayment. I changed jobs in 2011 and now they state I have had to pay £63 per week, despite being on a low income and just above minimum wage? This has only came to light once she has stopped claiming child benefit, he has not attended further education persistently since he left school although she has claimed child benefit. I have no concern paying child maintenance for him when he was in education, however I am unsure when he actually attended and was reportedly told by my son he was claiming carers benefits for his brother. They are threatening to take a quarter of my wage monthly which obviously cannot afford and ex wife will not agree to private payment agreements as thinking she is in for a payday, I had no contact from the CSA for 2 years, last contact my son was 17 & not in education so was told not to reply as the letter had been sent out in error due to a computer glitch. Can anyone help and tell me my rights? I have requested the case be re opened and re investigated.
I would certainly ask for a breakdown of the calculation, but go and see your MP as soon as possible and ask him to put in a complaint - if they have given you a rebate in the past because you have overpaid, then I can't see how they can suddenly justify arrears. I assume you are on CSA 1 from a case prior to 2003, so I'm not sure on the rules for the calculation - the question is also whether your ex would actually get this money, or whether it is money owing to the government because of the CSA 1 system.
Many thanks for your help, I have contacted local MP after several letters to the CSA that have resulted in no success. Yes case is prior to 2003. I have been informed by the CSA tonight they are unable to re-investigate any inaccurate arrears and potential benefit fraud and I just have to 'pay up', I was also informed her right to receive the maintenance changed from 2008 she will receive the money, hence she is keen to not help resolve the matter as will ad to her monthly benefit income.
Thanks again for your advice
Might be worth another trip to your MP - if they have made mistakes in their calculation, then I don't think it's right that they can't or won't find out what is wrong. Ultimately, if such a case went to court, then I can't see any court just taking their word for it. In fact, I wonder whether you could take them to court claiming compensation for negligence - the amount being your loss, which so happens to be their miscalculation (ie the money they are claiming in arrears) plus time/stress etc - especially if you can do your own calculations based on your income for as far back as you have records.
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