urgent csa help please x
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kk242
Posts: 13 Forumite
Hi,
I am writing on behalf of a friend who is in a somewhat difficult situation.
He has separated from his ex partner with whom he has a 6 year old son, they separated a few years ago and since the split he has been actively paying child maintenance and was having the child stay over with him at weekends etc. He has proof of the payments he has been making to the ex partner, as they go direct to her bank account via standing order.
The ex partner has become very volatile since my friend remarried last year, and has started a new life. He still has contact with his son on a regular basis although the ex partner has stopped most of the contact for no reason at all, and no longer permits sleepovers as she "knows" this controls the amount of child maintenance awarded. So he now only sees the son every other weekend for one day only.
The CSA are now on my friends case saying he has never paid a penny and they have now sent a letter to his employers stating they must deduct money from his wages at the end of this month, at a rate much higher than he should be paying due to this supposed amount of arrears he owes, when in fact he does not owe a penny. If the employer allows this to go ahead, this will leave my friend in severe financial hardship, and will leave him and his expectant wife with no finances to pay rent etc.
He is extremely worried about the situation and it is causing him and his spouse a severe amount of undue stress. Can anyone suggest what he can do please? CSA have asked the employer to deduct money on the 30th of this month (almost double what he has already been paying) He has contacted CSA himself and tried explaining the situation but they will not budge as they are believing the ex partner, and wont even let him explain. He is seriously stressed out, missing the contact with his son, and debating leaving his position with the job he loves because he just cannot deal with the situation and if the employer HAS to deduct this money he has no option anyway as he will be left with nothing to support himself. He can provide bank statements to prove he has made every single CSA payment to date from the date they separated, but the ex is insisting he has paid nothing! A very spiteful woman in my opinion. My friend is the most loving father, and grants his responsibilities in full. He doesn't deserve this rubbish!
Can someone please help?
With many thanks xx
I am writing on behalf of a friend who is in a somewhat difficult situation.
He has separated from his ex partner with whom he has a 6 year old son, they separated a few years ago and since the split he has been actively paying child maintenance and was having the child stay over with him at weekends etc. He has proof of the payments he has been making to the ex partner, as they go direct to her bank account via standing order.
The ex partner has become very volatile since my friend remarried last year, and has started a new life. He still has contact with his son on a regular basis although the ex partner has stopped most of the contact for no reason at all, and no longer permits sleepovers as she "knows" this controls the amount of child maintenance awarded. So he now only sees the son every other weekend for one day only.
The CSA are now on my friends case saying he has never paid a penny and they have now sent a letter to his employers stating they must deduct money from his wages at the end of this month, at a rate much higher than he should be paying due to this supposed amount of arrears he owes, when in fact he does not owe a penny. If the employer allows this to go ahead, this will leave my friend in severe financial hardship, and will leave him and his expectant wife with no finances to pay rent etc.
He is extremely worried about the situation and it is causing him and his spouse a severe amount of undue stress. Can anyone suggest what he can do please? CSA have asked the employer to deduct money on the 30th of this month (almost double what he has already been paying) He has contacted CSA himself and tried explaining the situation but they will not budge as they are believing the ex partner, and wont even let him explain. He is seriously stressed out, missing the contact with his son, and debating leaving his position with the job he loves because he just cannot deal with the situation and if the employer HAS to deduct this money he has no option anyway as he will be left with nothing to support himself. He can provide bank statements to prove he has made every single CSA payment to date from the date they separated, but the ex is insisting he has paid nothing! A very spiteful woman in my opinion. My friend is the most loving father, and grants his responsibilities in full. He doesn't deserve this rubbish!
Can someone please help?
With many thanks xx
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Comments
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There will be no back payment as contributions are due from when a case is open.
I'm not sure where the rest of the drama arises, the calculation is fairly easy on CSA2 and CSA3 cases, 15% net on CSA2 (cases between 2003-2013, CSA 3 12% gross, both less any regular overnight stays over 104 nights a year.0 -
I am a little confused.
Has your friend been paying child maintenance through the CSA or as a private arrangement?
If it was done through the CSA and he has proof that he has paid the correct amount to the mother of his child then he needs to appeal the decision to have any arrears deducted form his earnings. This appeal has to be done through the magistrates court and the letter he received should tell him how to do it.
If it was an a private arrangement and the mother has just started a claim through CSA then the previous poster is correct and they cannot chase for supposed arrears.
As regards visiting arrangements your friend can pursue this through a court order.0 -
the payments have been made through private arrangement at the amount suggested by the csa, the money goes directly from his bank account to the ex partners bank account and he has never missed a payment.
The ex partner has declared to CSA she has never received a penny from him... now they have calculated it with arrears and want over £300 a month, they have sent an order to his employer to take the money this month... he owes nothing... no arrears as always been paying. They wont listen to him when he tries to explain the situation.0 -
the payments have been made through private arrangement at the amount suggested by the csa, the money goes directly from his bank account to the ex partners bank account and he has never missed a payment.
The ex partner has declared to CSA she has never received a penny from him... now they have calculated it with arrears and want over £300 a month, they have sent an order to his employer to take the money this month... he owes nothing... no arrears as always been paying. They wont listen to him when he tries to explain the situation.
When were the CSA first involved?
It sounds like there was a CSA assessment but they chose to have a private agreement instead. If this is the case, was the CSA case closed?
What detail is on the standing order? The advice is usually to name this "child maintenance"....is the ex stating this was payment for something else if not child maintenance?0 -
There was no csa involvement originally. It has always been a private arrangement.
The standing order is named child maintenance, and goes directly to the ex partners bank account.
She is just being malicious since he got remarried and has stopped all contact with the child and has contacted csa saying he has never ever paid a penny. So he can prove the payments as they are on his bank statements.0 -
There was no csa involvement originally. It has always been a private arrangement.
The standing order is named child maintenance, and goes directly to the ex partners bank account.
She is just being malicious since he got remarried and has stopped all contact with the child and has contacted csa saying he has never ever paid a penny. So he can prove the payments as they are on his bank statements.
It doesn't work like that, yes both party's can be malicious in one way or another. What happened before a case was opened is irrelevant , contributions can only be back dated to when a case was opened.0 -
I dont think I am coming across very clearly here. They separated in 2011. My friend started child maintenance straight away and has continued to do so until the most recent payment at the beginning of this month. Via standing order, straight to ex's account. She contacted csa this year saying he had never paid anything! He has full proof he has been paying.0
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When was the case opened, when was the CSA first contacted to open the case? Was the case opened and the parents decided to go 'Direct Payment', the father set up the standing order and made payments and the case left open?
Or was the case closed, or has the mother only just opened a case with the CSA and is complaining the father has never made payments.
If the case was opened and left open, father made payments by SO and titled them child maintenance he can provide proof of payment, so no problem.0 -
I dont think I am coming across very clearly here. They separated in 2011. My friend started child maintenance straight away and has continued to do so until the most recent payment at the beginning of this month. Via standing order, straight to ex's account. She contacted csa this year saying he had never paid anything! He has full proof he has been paying.
What happens is this.....
before a case is opened sort of nothing happens, so from 2011 until whenever the resident parent opened a case whatever the none resident contributes doesn't matter as far as the csa are concerned.
From when she contacts the CSA they send a MEF (maintainence enquiry form) to the none resident parent and he completes the form and returns it, the date on the letter of the MEF is where the CSA are interested in. They don't back date to 2011 when they split, it doesn't matter what she has been saying. So for example the letter was dated March 2014, then that is when the contributions are due from. £300/month sounds like he is taking home around £2000/month, the requested £300 maybe more than what he was contributing of his free will.0 -
he is taking home around £1000 a month lol.... and also once a week travels 120 mile round trip to see him for a few hours! they went to the csa upon the split originally and asked for a calculation of payment due to the ex partner. He has since paid every penny through private arrangements. This guy has done everything he can and more to see his child and support him in every way shape or form. It sickens me there are some people on the planet that can manipulate such a situation to suit themselves.
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