Hi all i know this forum has a wide variety of people on it so am asking some advice? i have two boys aged 15 and 19 i divorced in 1995 from their mother and we split the house proceeds i spent my money unwisely as i was depressed afterwards, in 2001 i had my accident and have been on benefits ever since,i just received through the post a letter from the csa asking for £905 for my first son,it says they at first decided not to take it but reinstated it for some reason?
i have my two boys regularly and have had letters from the csa with 0.00 charges for a number of years i have contacted them and they say i have to pay minimum £28 monthly
i am not really trying to get out of this but would'nt the debt be statute barred as the csa say it was accrued between 1998-2002?
or is this only for commercial debts?
cheers for replies
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Legal Advice
Started by
dom
, Jan 18 2011 10:27 PM
1 reply to this topic
Top#2
123
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Posted 29 March 2011 - 09:47 PM
Hi Dom,
You wouldn't have a case under the Statute of Limitations, if that's what you're asking here, as the CSA are a government body. This area isn't my exact area of expertise (I'm more in the criminal line) but I remember swotting up on several House of Lords cases where this issue of back-dating child support post 6 years arose. The attempts to overturn previous AC decisions under the SoL 1980 were declined and, therefore, appellants were unsuccessful and made to pay. There may well be another route you can pursue though. If I think of anything else I'll let you know.
Edit: I've just had a look through some of my books and found something interesting. Apparently, if you're on certain benefits and you look after the child for a minimum of 52 days per year, you are excluded from paying the £5 per week flat rate. It could be that the decision maker has made an error and somehow 'forgotten' to bill you for the £5, or has just wrongly calculated your case. I can imagine it's very frustrating and worry for you. I always thought people on benefits didn't have to pay maintenance - seems hypocritical when you think the government, particularly with JSA, set that payment of X amount as the bare minimum you're expected to live on. Sorry to have waffled, but it's late and I really should have seen this post earlier!
Another thing I would say re your paperwork - keep originals of everything where you can and keep it filed.
You wouldn't have a case under the Statute of Limitations, if that's what you're asking here, as the CSA are a government body. This area isn't my exact area of expertise (I'm more in the criminal line) but I remember swotting up on several House of Lords cases where this issue of back-dating child support post 6 years arose. The attempts to overturn previous AC decisions under the SoL 1980 were declined and, therefore, appellants were unsuccessful and made to pay. There may well be another route you can pursue though. If I think of anything else I'll let you know.
Edit: I've just had a look through some of my books and found something interesting. Apparently, if you're on certain benefits and you look after the child for a minimum of 52 days per year, you are excluded from paying the £5 per week flat rate. It could be that the decision maker has made an error and somehow 'forgotten' to bill you for the £5, or has just wrongly calculated your case. I can imagine it's very frustrating and worry for you. I always thought people on benefits didn't have to pay maintenance - seems hypocritical when you think the government, particularly with JSA, set that payment of X amount as the bare minimum you're expected to live on. Sorry to have waffled, but it's late and I really should have seen this post earlier!
Another thing I would say re your paperwork - keep originals of everything where you can and keep it filed.
Edited by 123, 29 March 2011 - 10:39 PM.
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