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Made himself redundant is there anything I can do?

  • jar of hearts
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06 Feb 13 #378388 by jar of hearts
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I had my last CSA payment on 31 Dec and should have received this months a couple of days ago. I called today to be told that ex had been made redundant on 27th Dec, but I was not advised until I called to ask. Ex is apparently now on Jobseekers so I will receive only £5 per month. This despite the fact that he is sitting on all his settlement from the divorce and his redundancy and the fact that he has almost certainly volunteered for the redundancy because I have pursued the lifetime SM, he was supposed to pay as from 1st August, through the Magistrates court. A little obvious given that he would have received letters from the court in the early part of December.

I am now left trying to care for four children and pay all my bills with a total monthly income of £600 whilst he has several hundred thousand pounds to live on, probably up to the day he retires. I have a court hearing with regard to the SM in March and hope that the Magistrates will at least enforce his arrears. I should also say here that I suffered a major breakdown in November when the divorce was finally through and I could at last relax. I am still signed off by the GP and I know I don''t have the mental strength to take on much in the way of employment, even if I can find a job having been out of the workplace since 1991. This was the reason the judge awarded the SM even though I begged for a higher Clean Break settlement since I tried to tell them that this would happen. My ex is a completely deranged and very abusive controlling man who is completely unhinged to be prepared to do this to his children, who already want nothing to do with him, just to try and hurt and control me.

Is there anything I can do in this situation?

  • NoWhereToTurnl
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06 Feb 13 #378394 by NoWhereToTurnl
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JOH I am sending you a big (((HUG)))

There are times that behaviour leaves me speechless and this is one of them :(

If he has taken voluntary redundancy, this will be looked at by the court as him deliberately trying to lower his income so as to avoid paying to maintain you and the children. I hope they take him to task with duley''s donker stick!

Thank goodness your hearing is March, stay strong, we will get there in the end.

Love & hugs,
NWTT xxx

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06 Feb 13 #378396 by Fiona
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The CSA carry out a standard assessment and it is up to the parent with the majority of care of children to apply for variation if they believe using the standard assessment was unfair. This can be done under an "additional cases" category when there is evidence the non-resident parent has assets (excluding the non resident parent''s home) valued over £65k. Under the additional cases category it is also possible to obtain a variation if it can be shown income has been diverted or lifestyle is inconsistent with the declared income.

The difficulty is the CSA don''t carry out a detailed investigation and you would need to provide evidence. There is recent case law which should make it a bit easier for the CSA to pursue. HOwever if the CSA turns down a variation you can appeal. Appeals are decided by an independent tribunal which has more powers to obtain information. Unfortunately it takes time to get that far.

If you contact the CSA and ask for a variation they may take information over the phone or send a form for you to complete.

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06 Feb 13 #378401 by Fiona
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PS The Child Poverty Action Group publish a useful "Child Support Handbook" and it''s worth getting of a copy if you are considering applying for a variation.

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06 Feb 13 #378444 by perin123
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Fiona, only problem is the book is £28!

I looked as I was interested in this but as ex gives me £0, then as much as I appreciate £28 is not a huge sum...it''s just money I don''t have spare :(

jar of hearts sending you a ((hug))

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06 Feb 13 #378448 by butterfly crossing
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I thought to be on jobseekers, you couldn''t have too much in savings.

Now there is more than one way to skin a cat ;)

Not sure, but worth looking in to.

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06 Feb 13 #378482 by jar of hearts
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Thanks all. I will investigate the variation and also look into jobseekers rules. I should get details of what he says he has at the hearing for SM in March and the final Consent Order was only issued in September so figures there should be reasonable too unless he has, as before, been hiding money right, left and centre. I did know this would happen as he threatened it so many times when I said I wanted a divorce and he refused. I did try to tell the DJ at the final hearing that far from securing my future he was condemning me to a very uncertain future, by awarding maintenance, but no body would listen, so here I am. The support is very much appreciated as my children don''t deserve this, from the man they wish wasn''t their father!

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