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When is a Court Order not a Court Order?

or How can the CSA ignore a court order made under reciprocal enforcement?

Background:-
Live in UK, ex and children live in Aus. 
Number of Children 3, eldest now 23 youngest now 18 (2009) none in further education.
Back in July 2004 a request was made by CSA Australia to Register and Enforce an Australian Liability in accordance with the Reciprocal Enforcement Act 1972.
Arrears of over 22,000 pounds or approx $50,000
We then went to court. At the first hearing a decision was made for the current payments (at that time) to be 300, Australia wanted 500 per month. Figures are rounded/approximated but demonstrate the procedure.
Attended court approximately 4 times a year as each hearing would get adjourned for numerous reasons.
Reasons being:-
Failure of the CSA to provide relevant documentation, numerous occasions.
Failure of CSA to provide correct figures
Failure of CSA to legible documentation, hand written scribble supplied.
Figures supplied by the CSA kept changing.
Whilst paying the court appointed payments the arrears kept rising.
Court was unable to figure out how the figures were derived and had to write to another Australian department here in the UK to get the figures sorted. They still weren't.

Eventually in 2009 after nothing had been resolved with the CSA and continued uninterrupted payment of the child support payments the court remitted the arrears and that the maintenance payments were to continue until ceased in the normal way. Which they did late last year.

The other evening I got a call from the CSA wanting payment of the arrears which now totalled over $70,000.  I explained that they have already taken me to court but they insist that they didn't and that it was the CSA in the UK that did and that they would like to discuss a payment plan or they will take me to court.
They said I hadn't supplied tax records since 2006 which is untrue as they were last provided in a 2009 review, their answer to this is that they "this particular CSA department" aren't given the amendments/reviews etc routinely. (sounds a bit strange to me). The review was made as my ex wanted the payments to increase, only one child now, which I disagreed with. The review actually resulted in a reduction of maintenance but I continued to pay the 300 as per the court order.

Needless to say I didn't agree to a payment plan and I guess the person on the phone has now gone away to find out about the review. I doubt the figures will be correct as during the five years I went to court they could never provide a correct figure. I guess I will eventually be getting a letter from the CSA.

I guess my question is where do I stand?
Can the CSA do this?
How can the arrears increase so much when I was diligently paying the court ordered amount?
Any advise would be appreciated.
Jabber,
         I think this is quite complicated as there is scant information. I think section 30A of the Child Support Registration and Collection Act is what applies. I've included this below. I think the responsibilities of the registrar (The CSA) have been enacted (i.e. they provided the documentation albeit incompetently as were not "as required" as per section 30A(2)© ) and the authority of the reciprocal jurisdiction (The court that heard the matter) made orders that remitted the arrears. Basically I don't think the CSA have a leg to stand on. However, that, I believe, would depend upon the same authority that remitted the arrears. So really the question is back to you, would the courts over there entertain a second chance for the CSA? Perhaps you should seek the advice of a solicitor in the UK (perhaps the CSA, in ignoring the authority of the UK courts, are harassing you). Meanwhile I would simply tell the CSA, "In accordance with section 30A of the Child Support Registration and Collection Act 1988", the CSA took action which resulted in the remittance of all arrears as per "identification of the court case whatever that is".  As such there are no outstanding arrears.

You may wish to know that there is a scheme called Compensation for Detriment due to Defective Administration. I'd suggest that it would do little harm to apply for costs of attending court on subsequent occasions to the first as it appears that the CSA were defective in not providing the information as they are required to under section 30A(2)©. You could initiate this by making a complaint and asking that it be passed onto the compensations officer. Including an itemised claim for the costs.


Child Support Registration and Collection Act said
30A  Enforcement of Australian liabilities overseas
   (1)   A payee may apply to the Registrar to have a maintenance order or agreement, or a child support assessment, enforced in a reciprocating jurisdiction (other than an excepted reciprocating jurisdiction in relation to such an order, agreement or assessment).
   (2)   For the purpose of having a maintenance order or agreement, or a child support assessment, enforced in a reciprocating jurisdiction (other than an excepted reciprocating jurisdiction in relation to such an order, agreement or assessment) the Registrar may, at any time, and must, as soon as practicable after a payee makes an application under subsection (1):
   (a)   request, in writing, a judicial or administrative authority in the reciprocating jurisdiction to enforce the liability; and
   (b)   in a case where there is an application by a payee under subsection (1)give the application to the authority; and
   ©   give the authority such other documentation and information as is required by the authority for enforcement proceedings in that jurisdiction.
   (3)   Without limiting the generality of paragraph (2)©, the Registrar must give to the judicial or administrative authority a certificate signed by the Registrar stating the amounts that are due or payable under the liability.
   (4)   In this section:
excepted reciprocating jurisdiction, in relation to a maintenance order or agreement, or a child support assessment, means a reciprocating jurisdiction that is declared by the regulations to be an excepted reciprocating jurisdiction in respect of such an order, agreement or assessment.
   (5)   For the purposes of subsection (4), a jurisdiction may be declared to be an excepted reciprocating jurisdiction, in relation to a maintenance order or agreement, or a child support assessment, only if the enforcement in the jurisdiction of such an order, agreement or assessment would not be permitted by the law of the jurisdiction.
   (6)   A request under subsection (2) is not a legislative instrument.
Jabber said
How can the arrears increase so much when I was diligently paying the court ordered amount?
One point is that the arrears likely include penalties and also interest. The arrears may also be based upon what they thought the payments should be (perhaps another case of ignoring the authority of the UK courts in contravention of the reciprocal agreement).
MikeT,
Thank you very much for your replies. You say the information is scant what more would you like.

Thanks again,
Jabber
Jabber, sorry for any confusion. The information in regards to collecting overseas arrears, in the CSA Guide/Legislation is scant. Normally you would expect to see more about the specifics. There was nothing lacking in what you provided, that was pretty clear.
MikeT,
Thanks for you reply. I now understand by what you meant. No surprise that the CSA's documentation is scant, the court here found them very lacking in organisation and details.

BTW, I still haven't heard anything further but will post when/if I do.

Thanks,
Jabber
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