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Posted: Sun Aug 17, 2008 10:18 pm
by carol.k
hi i am trying to get the csa to get payments for my 2 children, evrytime i speak to my x husband he says he doesnt have to pay anything because he is on an iva, can u give me more info as to wether i still are entitled to money from him for my children

Posted: Sun Aug 17, 2008 10:21 pm
by Viki.W
Hey Carol, welcome to the forum. I can't answer your question about your actual csa payments but I do know that they can NOT be included in an IVA. Please hang in there and Melanie or Andy will advise you. X



please see my post further down!

Posted: Sun Aug 17, 2008 10:26 pm
by Viki.W
Yes, Ladyh, I think I worded it wrong. I meant that csa couldnt be listed as a debt like a loan or credit card in an IVA. It has to be paid in full, seperate to the IVA and listed on the Income and Expenditure. Sorry Carol, didn't quite word that right. X

Posted: Sun Aug 17, 2008 10:29 pm
by kallis3
I quite agree. A parent cannot shirk his/her responsibilities for their children.

This will be included in income and and expenditure, but will not be a debt that can be included in an IVA.

I think your ex is trying to pull a fast one Carol. Don't stand for it!

Welcome from me too!

Posted: Sun Aug 17, 2008 11:20 pm
by MelanieGiles
The IVA makes absolutely no difference to a father paying maintenance for his children. It might affect the future viability of the IVA, but providing for children has to be a higher priority. If he will not play ball, then let the CSA step in and intervene.

Posted: Sun Aug 17, 2008 11:22 pm
by look_divine
may i ask how long he hasnt paid for?

Posted: Sun Aug 17, 2008 11:45 pm
by freelili
Maintenence payments must be a priority. I am sure the CSA would chase these up for you, although from my own experience they will only pay you what he pays them. With that said, they do have powers and can take an attachment of earnings order out which would overide his IVA. They usually wont do this until some arrears have amassed though, well that was my experience of them.

Posted: Mon Aug 18, 2008 5:06 pm
by kabby3
You should contact CSA TODAY as they will not back date your claim, so if you claim today they will pursue him today and therafter. Child maintaince is a debt which cannot be included in an IVA or BR he will always be liable for the debt which would have been assesed by CSA, if he dies your children will be entitled to part of any of his estate as this would be a debt, which your children would have a claim upon. Dont discuss this further with him ring CSA - phone number can be get from website. If you have an address this would be helpful to them, also where he is working, and because he is in an IVA he obviously wants to get rid of his current debt! If he didnt work he would have to go BR (probably has a property)
good luck I hounded my ex and get £120 per month which was included in my IVA and made the difference in my IVA beibng accepted or failing....Go for it for you children !!

Posted: Mon Aug 18, 2008 5:25 pm
by chris.g
I agree with Kabby, get in touch with them today and start the ball rolling. There's no guarantee that any claim will be backdated though.
when I claimed it took them nearly 1 year for them to trace my ex, even though I had given them his address, phone number, employers details, employers address and even his national insurance number, they wouldn't back date before the date they actually contacted him, not when I first contacted them, meaning I lost out. Even now I only receive £50 per month, and that comes in dribs and drabs sometimes.......

Posted: Tue Aug 19, 2008 9:34 pm
by carol.k
been waiting over 4 yrs to get some maintenance for my kids, last week i got a letter from the csa and they has worked out what he should pay me after getting details from the inland revenue. When i asked him about it he just said i dont have to pay anything look on the web site at bankcruptcy - bet he is on a iva

Posted: Tue Aug 19, 2008 11:09 pm
by MelanieGiles
That is rubbish - and you now need to let the CSA chase him for the money. Child maintenance payments take a far higher priority than his IVA, and if he refuses to pay he will end up with an attachment of earnings order against him.

Incidentally, CSA arrears are not claims he can include in his IVA in any case, so he probably owes you a lot of money which has to be paid.

Posted: Tue Aug 19, 2008 11:14 pm
by james.c
long story but from my own experience like melaine states that can take it out of his wage but also take is passport away and his driving licence

Posted: Tue Aug 19, 2008 11:26 pm
by chris.g
Unfortunately, from my experience, the CSA aren't really interested unless you are claiming benefits......As I've already said, it took them a year to trace my ex, my 3rd child father. My first ex, 2 eldest's father, was down as claiming Sickness Benefit so they never attempted to trace him. They informed me that he had no disposable income to work out maintenance but then informed me that he was no longer claiming benefits but because our son was working I wasn't entitled to anything anymore anyhow.....When I questioned him being in receipt of benefits, they told me I had to find out where he'd worked, the names & address' of his employer, etc before they would look at the case again..(he's a hgv driver so changed employment quite a bit), they then told me that they weren't a tracing agency!!! Bet they would have traced him if I was claiming benefits all these years.....

Posted: Wed Aug 20, 2008 12:00 am
by tori
this sounds all too familiar.we get nothing from stepdaughters mum yet for 7yrs oh was paying over £100 a week for his child who he couldnt even have access to.but now shes with us we get no maintenance from her mum whatsoever.at first we used to get an odd £5 via the csa,but then recieved a letter stating that due to reasons that cant be disclosed we will no longer be recieving any payments at all!weve had our local mp dealing with the csa on our behalf as we can never get any answers.its very frustrating.

Posted: Wed Aug 20, 2008 1:03 am
by MelanieGiles
It does seem that the CSA are more reluctant to chase absent mothers rather than absent fathers for some strange reason. How anyone cannot pay for their kids just beggars belief!