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hi. i have problem with child support agency my divorce case…

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hi. i have problem with...

hi. i have problem with child support agency my divorce case was settle in 13 may2009 when i paid money to my ex wife and the court order saying this is the full and final settlement and cannot make anymore claims against me, now she is trying to find new ways to make new claims against me. I used to pay child support £183.00 for 2 kids then they asked for more money, i told them I have a very low income as i am self employed they asked me to send the tax return I sent them the tax return and after they looked at it they wrote to me saying that the income is low and you only £5.00 a week & now after two weeks she has put a new claim with the CSA. They said your one propertyXXXXXvalue is £35000.00 and my other oneXXXXXis £18000.00 but I wrote CSA letter explaining to them that them two properties were and have already been included in the final settlement also I have sent the copy of the court order to the CSA but they refused as they are both on rent and I have declared on my inland revenue every year on my accounts so I don't understand they should consider my income and not my assets as the assets I have she has already claimed against them, so would it be possible to give me advise on what I should do? If I transfer the building (405) in my Childs trust or I can company name would this stop her from reclaiming on them and would it lead to any problems in the court?

Submitted: 11 years ago.Category: UK Law

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10/17/2011

Solicitor: Clare, Solicitor replied 11 years ago

Clare, Solicitor

Category: UK Law

Satisfied Customers: 36,006

Experience: family solictor with 25 years experience

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Hi
What assessment have they made in respect of the properties - and how much are the outstanding mortgages on the properties
Claire

Customer reply replied 11 years ago

My purley property they assets at £350000 and their is no mortgage & hatton road property they put £180000 but I have £96000 mortgage, but what I don't get is when the 1st case was settled these properties above were already included & CSA should look at my income and not my assets, but all rental income I declare every year on the tax returns.

Solicitor: Clare, Solicitor replied 11 years ago

Hi
Are they saying that they will base the assessment on the rental value or are they trying to ascribe a larger income to them?
Claire

Customer reply replied 11 years ago

they are trying to get a larger amount on the property value and ignoring the rental income (which they aren't counting) that they have already claimed on when the divorce first went through.

Solicitor: Clare, Solicitor replied 11 years ago

I am afraid that there are two different issues here.

It was your ex wife's personal claim on the properties that was resolved with the Court Order - and she can no longer make any claim that she is entitled to a share of them.

The current problem you have is the way the CSA treat capital assets.

As you have discovered they ascribe a totally fictitious income figure that you should receive from these assets and then complete a CSA assessment on that "income"

I am afraid that this is what the legislation allows them to do and the Court Order is in no way relevant in this regard.

Claire

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