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Father jailed for refusing to pay child maintenance

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    Father jailed for refusing to pay child maintenance

    http://business.timesonline.co.uk/to...cle1985796.ece

    Father jailed for refusing to pay child maintenance despite ex-wife's
    support

    Frances Gibb, Legal Editor
    A lawyer was jailed yesterday for refusing to pay child support to
    his former wife, despite her pleas that he should not be given a
    custodial sentence.

    Michael Cox, 43, had argued that their three children spent half
    their lives with him and that he should not therefore have to pay the
    Child Support Agency (CSA) for the time that they spent with their
    mother. Cox – a legal adviser to the campaign group Fathers 4
    Justice – called the system "oppressive, unjust and discriminatory"
    towards men.

    The court was told yesterday that Cox was required to pay £365 a
    month in maintenance to his former wife, Lesley Peach, 39, but she
    did not have to pay anything to him. In March, Cox, who has five
    children, was given a 42-day prison sentence for failing to pay the
    charge, but the sentence was suspended on condition that he began to
    pay monthly instalments.

    Yesterday he heavily criticised the CSA as he was jailed for 42 days.
    A letter from Ms Peach was read out in court begging magistrates not
    to give Cox a custodial sentence because of the impact on her family.
    Prosecutors said that his former wife would appreciate more financial
    support.

    Cox, who represented himself, told Southampton Magistrates' Court: "I
    have been referred to as an absent father, but that's not what I am.
    I'm a father who well knows the obligation to his children and I
    discharge that obligation. I feed all of my children, I clothe them,
    I house them – that's what I spend my money on. The Child Support
    Agency gives me no assistance for that and requires me to spend the
    money twice.

    "I say that makes it oppressive, unjust and discriminatory in its
    action. In this case you have two established families living in
    equilibrium.

    "My ex-wife lives a mile away from me and the children pass easily
    between the two households. They spend half of the time with me and
    half of the time with their mother.

    "My ex-wife is not a little old lady living in a shoe, reaching in
    the back of a cupboard for the last tin of beans. This is not about
    the law. According to the law I'm dead in the water – I'm bang to
    rights."

    Cox asked magistrates to show discretion and spare him jail so that
    he could continue to earn money to pay for the care of his children.

    Tom Concannon, for the prosecution, said that since the couple
    separated in 1994 Cox had amassed debts to the CSA of £45,000.

    The court was told that Cox was required to pay because the children
    were officially resident with their mother.

    In a letter to magistrates, Ms Peach said that if her former husband
    were sent to jail, she would have to give up her job to look after
    the children.

    Reacting to the sentence, Cox, of Hythe, Southampton, said: "It is
    outrageous that people are released early from prison for serious
    crimes and yet I'm being locked up as a caring father."

    Cox, of Hythe, Southampton, was supported in court by his current
    wife, Beth Cox, 32, who sobbed as he was jailed.

    The junior school teacher had sat next to him taking notes as
    a "McKenzie Friend" – an adviser the family court allows defendants
    without lawyers.

    Cox shook hands with Mr Concannon and quietly congratulated him. He
    at first refused to be handcuffed, saying that it was "unnecessary
    and undignified", but a female security officer insisted and locked
    cuffs on his wrists. She explained that she was following "Home
    Office rules".

    Outside court, Beth Cox said: "When dangerous criminals are going
    free from prison because of overcrowding, to jail Michael for being a
    good father is unbelievable.

    "I am simply gutted. I love Michael, and I love him exactly because
    he is such a good father, and this is simply wrong.

    "It just defies all logic and sense. The sentence has impoverished
    two families on both sides – both him and his ex-wife – and the
    taxpayer will now spend £40,000 jailing him."

    Outside court, members of Fathers 4 Justice reacted angrily to the
    sentence. The group's founder, Matt O'Connor, said: "It is utterly
    disgusting to jail a very courageous and brave individual and a
    loving father.

    "He is the first person from Fathers 4 Justice to go to prison on
    this very noble principle of standing against the CSA. But I think he
    has shown how the CSA persecutes good fathers.

    "He has also shown up the utter incompetence of the family courts."

    Agency woes

    — The CSA was set up by the Tories under Margaret Thatcher in 1990
    but did not come into force until 1993

    — In 1998 an NAO report showed that a quarter of all CSA estimates
    were wrong and the errors cost children £15.8 million a year in
    missed contributions

    — In November 2003 the Government apologised to parents over problems
    with the new computer system, which cost an estimated £456 million

    — In 2004 its chief executive, Doug Smith, announced that he was
    resigning, admitting that he was "seriously disappointed" with the
    CSA's performance

    — Last year, it was said the agency had an estimated £3 billion in
    unrecovered debt and a backlog of 333,000 cases. It was taking an
    average of 26 weeks to process a child-support claim

    #2
    Completely ridiculous. perhaps he should have burgled a house, then he would have got out early.

    Comment


      #3
      Brilliant, great result CSA. To reach an outcome where no party has benefited, in fact everyone (including the taxpayer) is worse off, defies belief.

      That poor bloke; his reputation unfairly tarnished, and he'll now be angry and bitter for the rest of his life.

      Comment


        #4
        Well:-

        "My ex-wife is not a little old lady living in a shoe, reaching in
        the back of a cupboard for the last tin of beans. This is not about
        the law. According to the law I'm dead in the water – I'm bang to
        rights."

        "My ex-wife lives a mile away from me and the children pass easily
        between the two households. They spend half of the time with me and
        half of the time with their mother.

        "The court was told that Cox was required to pay because the children
        were officially resident with their mother."

        So he and his ex wife change custody arrangements and fail to agree these with the relevant (incomeptent) authorities.

        It does rather look as though he set himself up to get sent down. He effectively stood up and said "I am not complying with the previous order, or that of the magistrates now jail me if you dare". Curiously they did.

        He has discovered the cost of his principles.

        Comment


          #5
          You would think in the light of completely bizzare and absurd outcomes like this one, the most effective form of contraception in the UK today would be the Child Support Agency.

          Comment


            #6
            'lenient' rape sentence
            a window cleaner who raped a girl of 10 was jailed for two years.
            Keith Fenn, 24, will be free in four months
            See, they do have a sense of priorities. Being a caring, providing, loving father is not quite as bad as being a multiple child rapist.
            God made men. Sam Colt made them equal.

            Comment


              #7
              Originally posted by Kyajae
              You would think in the light of completely bizzare and absurd outcomes like this one, the most effective form of contraception in the UK today would be the Child Support Agency.
              excellent post - could not agree more. my 3 rules for a happy life as a man :-
              1. dont get married
              2. dont have kids
              3. if a woman says she is infertile have a snip anyway.

              Comment


                #8
                Whyt he feck didnt he just pay the 320 quid to the csa and have the ex-wife send it back over with the kids?

                Or is he just been a stuborn b4stard? Send him down, if for nothing else, wasting the courts time.

                Comment


                  #9
                  Originally posted by pickle
                  Whyt he feck didnt he just pay the 320 quid to the csa and have the ex-wife send it back over with the kids?

                  Or is he just been a stuborn b4stard? Send him down, if for nothing else, wasting the courts time.
                  Who says she'll actually get it from the CSA?
                  Behold the warranty -- the bold print giveth and the fine print taketh away.

                  Comment


                    #10
                    Originally posted by ASB
                    It does rather look as though he set himself up to get sent down. He effectively stood up and said "I am not complying with the previous order, or that of the magistrates now jail me if you dare". Curiously they did.
                    I agree. Shocking case on the face of it, but he clearly wants to be a martyr.
                    Will work inside IR35. Or for food.

                    Comment

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