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Csa Tribunals

6 replies

sapphiregirl · 02/01/2012 11:02

Hi there, I'm a newby. I was wondering if there were any lawyers out there who could help me? I have a Csa Tribunal on Thursday, luckily my ex wont be there as he deems it beneath him, but at the last one (when he also didn't turn up), the judge ordered all his bank statements etc and the final Tribunal is this week. It has taken the Csa since 2006 to get to this point which is proving he lied about his inheritance. The judge said at the last one that she cannot backdate the payments to me to before the Tribunal was set up, ie 2010 and I have to go back to the Csa to get arrears. To me that is really unfair as the Csa took so long to get this Tribunal going. Are there any case laws where a judge has backdated awards to before the Tribunal was set up by the Csa? Thanks very much

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RedHelenB · 02/01/2012 13:25

Can't see how child maintenance would be affected by an inheritance as it is based on income. Hope you actually do get some oney though. Is ex working at the moment?

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Spero · 02/01/2012 13:28

If he has got an inheritance you might be better off going for a lump sum under Schedule 1 of the Children Act - I assume you weren't married. Can you get a good solicitor for some initial advice?

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sapphiregirl · 02/01/2012 17:15

Thanks. Yes, he is in the army and still working and it's really hard getting money even on a deduction of earnings order as the army are the only people who can say no to that. He inherited a lot in 2006 when I had his 3 kids living with me (only one is under 18 now) so he would have had interest on the inheritance, earning himself more. He failed to disclose this and I've been fighting for it since 2006. He was ten years behind in arrears until recently too. Everytime the bailiffs got close he ran abroad. It's been a nightmare. So much for an officer and a gentleman.... Now the Csa can go back to 2006 if the Tribunal say he lied but WHY cant the Tribunal just backdate the findings to 2006? The Csa have been really helpful but they are so so slow and lose paperwork etc etc. We were married but I remarried so I can't get anything from him. My kids wont take him to court as he threatened them that he would never see him again if they did. He hasn't seen my sons for years anyway so I wish they had now. I can't afford a solicitor....plus my friend who is one says that I can do the Tribunal alone! Thanks for all advice

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sapphiregirl · 02/01/2012 17:15

ps am not now married, not trying that again!!!

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Spero · 02/01/2012 23:08

He sounds a knob. I am surprised the army lets people get away with this. Good luck with the tribunal. The children can make a claim against him in their own right, maybe they will feel like going down that route now...

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sapphiregirl · 03/01/2012 12:49

to call him that is a compliment!! He is arrogant and does not want to see his kids. He is the pits. The older two children decided not to take him to court but the 17 year old will. This money though is from 2006 and should have been my CSA maintenance which we haven't had because he lied. Fingers crossed. Anyone out there know if the judge at the Tribunal can back date to pre Tribunal for me? It would save me having to go back to the CSA.... Thanks!!