Child Maintenance (CSA) questions (merged)

fabianne

Yes Scarlett-I left him as he was a Mummy's boy nightmare to live with,very possessive,abusive,jealous control freak of a man, he has done his very best to grind me down in every way he can,plus make trouble and be as unreasonable as possible.
This is now 7 years down the line and a tad tedious.The only people who suffer are the kids-and I work my fingers off to provide for the them as he won't contribute a fair amount. How he can call himself a man/father is beyond me....
Bitter and twisted?He has a degree in it-even though he has re-married(I would not put up with his antics if I were her)

fabianne

Hi
Have appealed against the pathetic CSA assessments I get from the ex for my kids and they have accepted it can go to a tribunal.
I got the paperwork today,with all the correspondence/forms etc from both parties.
Can anyone offer me any advice on what to expect at this hearing please?
My ex seems to win on every count,pays the bare minimum (and always has done)while I struggle to pay for 2 teenagers expenses.
Thanks
Fabi x

fabianne

Also,he has threatened legal action 'if I make further allegations'
I say what I see,no need to fabricate-and why should I?
Could he take me to Court as I have gone to the CSA??

Prudent

With the csa it should be fairly clear cut. He needs to pay you 20% of his net income for his two children. It is more complicated if he is self employed, because it is harder to prove income.

I appealed against the amount my ex had to pay and won. I was fotunate in that not long before that he had given a court his p60 and bank statements (for another matter) and I was bale to use this to support my case. I have had regular struggles since as his income has jumped hugely in that time, and yes it is frustrating when you know they are paying less than the miniumum. Latest re-assessment has just taken six months, and I have not seen the money yet!

The only consolation I can give you is that, as your children grow older they understand your finacial struggle and respect that you are doing your best to support them.

fabianne

Thanks prudent
He has 'shared residency' which means he gets 1/3 of the time per month and half school hols,so I was told the normal calculations go out of the window.This is also an old case-so may be under the old rules?
Bangs head against wall....

Rebekka_2

Then it isnt 20% of his wage under old rules but under old rules and new rules i think they are entitled to 1/7th off for one night, 2/7ths off for 2nights etc, etc, Can i ask if you work? If you do you can drop the case for 12 weeks (i think) then re-apply then you come on to the new system

fabianne

Hi Rebekka
I do work and that is worth looking into.....but would this tribunal be dropped then? Could he insist on keeping to the old rules if he will have to pay more under the new??
Can I also ask...can you claim interest on missed CSA payments?
And if these missed payments mean that your monthly budget goes up the wall,you go over your overdraft limit and get charged-can you claim these charges back I wonder?(Was directly the result of this money not being paid into the account)

Prudent

My understanding is that parents with care can request the case be transferred to the new system, but the same is not true for non resident parents. If you are on the new system, the 20% will then be reduced by 3/7ths for the nights your ex has the children. This only applies for overnight stays though, if he has them for three days it doersn't count. So a three day/ 2 night stay would only reduce the amount by 2/7ths.If they only go in the day there is no reduction.There used to be an online calculator comparing what you would get under old and new systems, so might be worth doing a search for it, and using that, before making a decision.

In answer to missed payments -it depends on why. If the csa fail to contact the non resident parent within 28 days of a claim, you cannot only claim lost interest, but the whole amount he should have paid. I am sitting on a sofa purchsed from such a claim as I type! If he has chosen not to pay, then no you can't usually claim interest, but you can demand they pursue the arrears. Refuse to let them write it off.
I am about the write and claim interest from them for taking 6 months to process a straightforwrd reassessment. If you have phoned/written a lot you can also claim phone bills and gross inconvience. You can also claim for inconvience if you have been without sufficient income because of there failure to assess a claim. Along with the money for lost payments, I got £10 for phone calls/ letters, £50 for inconvience (which in no way reflects the hassle), and interest on the money.

fabianne

Wow prudent thanks for that!
That is so interesting,I am calling them later and will find out about who's fault the non payment is.
Only 1 child now stays 4 nights 1 week and 1 night the next, alternating them,so that is 10 nights per mnth-the other refuses to see his dad now because of his behaviour towards him.
Any advice on how to best to tackle this tribunal if I decide that is the best way to go?
Pops off to look for the calculator.....

Prudent

You should get full 10% for one child and other 10% reduced by 2 or 3/7ths. I have never taken them to tribunal. Threatening to go to the press is very effective. At one point, despite 180 phone calls, they did nothing on my case for 9 months blaming the computer system. I phone and spoke to a supervisor and said I was giving them 7 days to resolve this or I would go to the press, by day 6 a payment schedule arrived in the post. Have you written to your mp because then they are obliged to get things moving on your case. It took about 2 1/2 months for that to happen for me.