Child Maintenance (CSA) questions (merged)

Savvy_Sue

chugalug wrote:

Also, it then becomes a matter for the employer and employee to sort out - ie for the employer to sue the employee for the return of his money.

Did you mean that the other way round, ie for the employee to sue the employer for the return of his (ie the employee's) money because the employer had failed to pass it on to CSA?

chugalug

OOOOOOps, Yep savvy-sue. Sometimes my brain doesnt connect to my fingers!! Thanks for that.

iluvfreebies

firstly do you know if the Deduction from earnings is Voluntary or has it been imposed for non compliance/payment?

When a deduction is taken from an employees wage the employer has until the 19th of the following month to get that payment to the Child support agency.

When a Deduction from Earnings order is imposed the onus to pay is then on the employer not the individual and any enforcement action would be against the employer not the Non resident parent.

I would advise that they contact the agency to advise that the deductions have been made and keep a record of the deductions being made i.e his wage slips

The agency can then contact the payroll department to trace where the payment is or start enforcement action if no payment has been sent

With regards changing the method of collection if it has been imposed for non compliance it is unlikely a change will be accepted by the agency
If it is voluntary then he can change to paying by direct debit or s,order

If the parent with care is private (not on JSA or IS) then they can agree to make the payments directly but this is generaly not accepted for Benefit cases due to the high potential for fraud.

hope this helps

saficat

Hi
I have been lurking on here for quite a while now and would like to say thanks for all the tips I have picked up!

Anyways I have been divorced from my ex husband for 14 years and have a 15 year old son with him. We have both remarried and have new families. For the last 14 years ds has had regular contact with his dad and his dad has paid £80 per month for his maintenance (voluntary agreement). However they had a falling out at Christmas and his dad has not bothered with him since. He has now stopped the maintenance payments. We have had alot of hassle with him (ex) over the years over one thing or another and I have always tried to keep the peace for the sake of ds. His dad is quite well off (drives a Merc, own business etc) and we are not too badly off (my husband and I both work) so really we don't need the money but on principle I feel that my son deserves something from him.

My question is would I be entitled to go to the CSA for maintenance even though I am not on benefits?

Would be grateful for any advice.


Saficat

hjb123

Your ex is still the childs father! However if you feel you can manage you could always put any maintenance in an account for your son when he reaches a certain age - ie 18 or 21?

I would go to the CSA - have you gone through them before or was the £80 per month an agreement between you?

nicola1982_2

My main problem with the CSA is the fact that a single mother who isn't working will have the payments taken out of her benefits, so a father who pays more because his income is higher or he doesn't have the child overnight isn't actually giving his child anymore. My partner's income increased and because his ex is on benefits the extra amount he's paying to the CSA isn't going to his son. What's annoying is that we could use that extra money to buy the boy some new clothes and toys. Instead the government are using it to lower the benefits claim.

Why should a mother on benefits who has her child every night still get the same amount as a mother on benefits whose partner takes the child every weekend? Furthermore if their partners are earning different amounts, then unless one is earning enough to take the payment over the benefits threshold, both mothers (and moreover their children) are getting the same amount.

My partner's son is living well below the standard of life we'd want for him, but unfortunately the CSA have taken as much as my partner can afford to give (especially as we also have him at weekends).

nicola1982_2

Orchid wrote:

So effectively there is an incentive for the Parent with Care to minimise contact with the Non Resident Parent - as they will get more money :mad:.

Add to this, a vindictive Parent with Care who hates the Non Resident Parent more than they love their children, and the situation becomes almost unbearable...not only for the Non Resident Parent and their new partner but ultimately for the children :mad:.

The love of money really is the root of all evil

Oh and furthermore the parent with care is the only word the CSA will take with regards to how often the non resident parent has the child. Certain parents lie. The only way the non resident parent can counteract this is to get a signed agreement through their divorce (obv doesn't work for those not originally married)

dottyanne

Hi just a quick question, me and OH have both been married before, hubbys ex lives with their 3 kids, ages - 1 at 17 in August (at college), 1 due to leave school this time - 16 in June, 1 at 13 at the end of this month. Not too sure how the CSA will assess him now (they are in the process of doing so as his ex wasnt content with the £300 quid he was giving her before!!). I have a few questions i wonder if anyone can help me with - at what age does CSA stop being paid - i know his eldest child who is 17 in August is at college for another 12 months and will leave when she is 18 - shes doing A levels then going to Uni - when does he have to stop paying through CSA for her? Also, his 2nd child who is 16 in June isnt planning to go to college but do an Apprenticeship - so will his CSA stop in September after his 16th Birthday??

Not too clear on all this - any advice please?

saficat

It's a voluntary agreement (never gone up since ds was 1!). No I've never been through the CSA so wasn't quite sure what to do. My husband (his stepdad) has brought him up and never begrudged paying for anything. I know it will cause problems if I do use the CSA and he (ex) in a sneaky way takes it out on my son so I never bothered but I think my son is now old enough to realise just what his dad is like and make his own judgment.

Beverley

My ex is now living with a partner and their 3 year old son.

I live with our 3 children.

The CSA set an amount 5 years ago and I've now asked for a review.

His partner's teenage son was living with his dad but they moved him back with them after I asked for the reassessment.

She now gets maintenance for that boy from his dad PLUS a percentage of my ex-husband's money is taken for that boy.

It seems immoral that his own children lose out because of someone else's child - especially when they are getting maintenance for him. He gets paid for twice while my kids get nothing.

Has anyone ever successfully challenged this?

Beverley