I am the parent with care. I won a "lifestyle inconsistent with income" award at a tribunal but my ex-partner has refused to pay maintenance. A liability order has been granted but as she now has no income, a charge is being put on her house. I am frustated about this as it doesn't help our sons financially and she continues to lead an extravagant lifestyle.
My argument against this decision is surely the CSA is contradicting itself as the basis of the award is "lifestyle inconsistent with income". This is the 3rd liability order - the first two debts were collected by bailiffs , the 2nd one, last year, being in excess of £5000! Therefore I believe this should be the initial course of action again. Do you know who/how the course of action is decided? Is there some set down law/policy?
I can understand why you’re asking the question! The CMS has discretion on this one – either they can take action in the county court to enforce a liability order or they can seize goods. I am speculating here, but the CMS may be of the view that the bailiffs would be pushed to seize eligible goods to the value required on this occasion.
Seizure of Goods
Seizing goods belonging to your ex-partner is known as ‘distress’. However, it may be that the CMS has taken the view that your ex-partner does not have sufficient or eligible assets to seize. Not all property can be seized, and items such as furniture, clothing, bedding, money, cheques and other securities for money, household equipment and basic domestic items (e.g. toasters, irons, kettles) are exempt. If your ex-partner works and, for example, needs to use her car for work, this is deemed to be an item ‘necessary for work’ in which case it couldn’t be seized.
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The ‘Operational Improvement Plan’ (launched in February 2006 and designed to improve the performance of the CSA and collection of maintenance) provides that the CSA will use every type of sanction available to it in enforcement of liability orders, including asset seizure (which your ex-partner has already experienced), as well as removing her driving licence and even sending her to prison.
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Enforcement of Liability Orders
The CMS has decided on this occasion to take county court action and to treat the unpaid child support as though it were a judgment debt i.e. as though it were an unpaid county court judgment. They must therefore be of the view that there is sufficient equity in her property to warrant this type of enforcement action. Bear in mind, also, that the CMS can now apply to the court for an order of sale, in which case the charge would be paid from the proceeds of the sale after any priority debts have been paid (e.g. a mortgage, second mortgage or ‘homeowner loan.’) In order to grant an order for sale, the court must be satisfied that your ex-partner has alternative living arrangements – in other words, they can’t simply make her homeless.
Do I have any course of action in appealing the CMS amount, given that my lack of overnight stays with the children is not due to my not wanting them, but from them being withheld from me ?
Also, do CMS not take into account the ability to pay, when making an assement ?
CSA also explained that when lockdown is over, the missed payments will be split over a course of months. So she may only pay an extra £5 a month to compensate the missed payments. CSA never treated me like this when the shoe was on the other foot. I was a day late paying my child maintenance one month and you guys took two months worth in one go and left me stuck, even though i called to make the payment the following day. That was £250 x2. You guys messed up and when i asked for the money to refunded so i could afford to get to work, you wouldn't. SO WHY is it so different for her??? Im supporting our child with my wife without any of her help and somehow she is allowed to? Can you explain why she doesn't get the full amount taken from her? or why her payments arent going up now she hasn't seen her daughter for several months?? Equality is not shown with CSA.
Thank you.
After a long battle in court I have managed to obtain shared custody (55/45). It seems my ex wife wanted this to keep receiving the maintenance. I always was paying the maintenance amount on time even though she refused to give me cloth for the kids and had to go on emergency buying them cloth on a Friday evening.
After the shared custody agreement she started to ask me to pay half of the child care on top of the maintenance payments. I refused and questioned why am I paying maintenance if I should pay all the other expenses as well, knowing that she earns £10k more than me and get all the government benefits.
I called the CMS and every agent I spoken to has advised that the child care should be covered in the maintenance payments even for the days I have to children and that the amount is calculated based on what the governments believe I can financially contribute to the upbringing of my children according to the legislation. yet my Ex wife still refuses and my children are going to lose access to the after school club on my days as she only pays for her days. Can you please help with this and guide me to where I can find the legislation information, as this is putting at risk my job? I feel I am being asked to chose between my job or my children!
Thanks
Our son, now has to live with his old grandparents . Though he will have his own room. My ex. wife is still demanding the SAME child support payments so she can pocket the money that is supposed to be used for our son.
I have even told her that I would have been willing to pay any increases in expenses eg. should rent have gone up. but she simply ignores my e mails and continues to demand the same child support payments .
What can I do about this ?
Thank you for your help.
I am awaiting a date for tribunal based on the CMS not having jurisdiction over my ex husbands earnings due to them being earned outwith the UK. He is however, habitually resident in the UK. He is self employed and gets paid by a French company into his American bank account. His business is also registered in the USA. (He declared the same business insolvent in the UK one month prior to setting it up again in the states).I know for a fact what he earns- between £10-12k per MONTH but the CMS cant touch it.
The judge at the tribunal has requested him to provide evidence of all sources of income to the courts - earned in the UK AND abroad.
My question is : Can the tribunal have the jurisdiction over his income earned outwith the UK? Yes, he lives a lifestyle inconsistent with his 'supposed' income. He has a mansion, a posh car etc. Owns about 5 properties in the UK etc. (not mortgage free)
He is basically laughing at me saying that the tribunal cant make him pay more maintenance due to the jurisdiction issue and that his accountants are 'working on it' to make him look as poor as possible due to his vast amount of outgoings.
Have you had experience of this issue before and how likely is the tribunal to decide in my favour?(even with the jurisdiction issue). I was always told that his outgoings were irrelevant and that his obligation to his children is classed as the primary 'debt' to be paid first.
Seems like it would be a waste of time and money to request evidence of his foreign income if they could not do anything about it.
Any advice greatly appreciated.
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