professional advice about csa urgently needed

[gsxr1100tony]

This is quite a long question!!! After splitting with my wife way back in the 1990's i paid her maintenance in my ownly form, which was cash, for my two, then young sons, and as it was amicable no receipts were given. In the 1990's she met and married a man and told the csa that i had never made any payments. It went to court and a payback amount was agreed. In 2000 she kicked my 11 year old son out and he came to live with me and illegally claimed child benefit for 2 years until my partner managed to change it. Due to financial difficulties of having my son after 11 years my new born child and stress of self employment i was unable to pay the repayments. I was taken back to court and ordered to continue the payments on a SUSPENDED SENTANCE.. Then she kicked my 13 year old son out and he too came to live with us. So after applying for maintenance from her and not receiving any i stopped the payments. I am now due back in court to be sentenced to 6weeks imprisonment!!!! Can anyone tell me will i go to prison?

[Annlinda]

You don't say if you have had legal advice. As I understand it if you are in danger of going to prison legal aid should be granted. Though I kow the rules have changed. A solicitor will make sure that the court is aware of the situation regarding your sons. Its a lesson to learn for us all that you always get a signed receipt even if its maintenance. What court are you due back in? Magistrates Family or County Familyor Crown court

[gsxr1100tony]

thanks annlinda
its a majistrates

[Annlinda]

Right first get a solicitor go to the court explain everything..DONT GET ANGRY. Take relevant paperwork i.e. proof you are not working, proof the boys live with you and anything else you can think of. If you get sent to prison lodge an appeal straightaway. But in my opinion when the Mags see that you couldn't rather then wouldn't pay and in reality shouldn't pay they should sort things out for you. Good luck.