Child Maintenance (CSA) questions (merged)

Prudent

Are you on an old system or new system case? Old system take into acount some debts such as a mortgage.If your mortgage has increased, you need to let them know. New system is a straight percentage of your earnings: 15% one child, 205 two children and 25% for three or more. It is not varied by circumstances.

kelloggs36

Sloganjerry wrote:

Hi

Can anyone tell me if I move in with my girlfriend will it affect her csa claim. She's been chasing her ex for money for ages and finally they've put an order on his employer to take money from his wages. They reckon she'll deffo have money by march at latest.

We've talked about me moving in but she's worried that this will mean that things get held up again with her claim if she has to let them know a change of circumstances. I'm self employed and pay myself a small monthly wage as work is not regular at the mo. Also anyone know what security I'll have if I move in as house is in her name,

Cheers guys!

Thanks!

It will only make a difference if you have a child between you as when she is assessed (as she is automatically) any allowance for children you have will be either 100% or 50% if you are deemed to have enough money to contribute towards your own child. So if you have no children between you, your details are irrelevant. Remember that you are not obliged to tell CSA of your change of circumstances UNLESS THEY ACTUALLY REQUEST IT.

kelloggs36

swizzle wrote:

My hubbie has just got a letter from the CSA, to say he has been assed. The calculation is wrong as it does not allow for the 2 children in our household. Wow we have been allowed £17 for our children!

Anyhow, he prevously paid under a court order and has never missed 1 pymt, his ex left him for another man and is not on benefits.

Can they over rule the court order?

Need some more details? When was the Court Order? Only court orders which were before april 1993 cannot be overridden.
What is the Effective Date of the assessment? I mean by that, is it an old style one or a new style one? Depending on which it is, will determine how much your children make a difference to the assessment. You seem to contradict yourself but it may be that you have not made it clear when you say that you have not been given any allowance for your children, but then say you have been given 17 pounds?

Under the new regulations your partner's net income will be calculated and then 20% of this will be taken off to take into account your children. He will be asked to pay either 15%, 20% or 25% of what is left as maintenance, depending on whether it is for 1, 2 or 3 or more children.

Example: Your partner's NET income is 300 per week (my pound sign doesn't work:mad:

60 pounds of this is 20%, and so this will be deducted from the 300 pounds.

So, 240 pounds is what they will use to calculate his maintenance. For 1 child it will be 36 pounds, for 2 children it will be 48 pounds and for 3 or more it will be 60 pounds per week.

However, if it has been calculated under the old rules, unless we have full details of housing costs etc and your income details then it will not be possible to check. You can PM me if you like and I can check it as I am an ex face to face officer who worked extensively under the old rules.

kelloggs36

And bankruptcy does not include CSA so even if you are bankrupt, you will still have to pay all the CSA. You need to give some more details about what system you are on and when it was last assessed etc. As an ex face to face officer I can help

Nacraig

thanks.

I am on the new system and i have just been assessed.

What about if i complain or ask them to review ma case.

I pay mortgage monthly and when the csa start taking the money out theres not going to be enough money in my bank to cover the mortgage, so i really dont know what to do.

hobo28

Nacraig wrote:

thanks.

I am on the new system and i have just been assessed.

What about if i complain or ask them to review ma case.

I pay mortgage monthly and when the csa start taking the money out theres not going to be enough money in my bank to cover the mortgage, so i really dont know what to do.

I think the problem is that what you can "afford" is quite subjective. I've met people who can't afford £1 to have a school logo put onto their kids jumper but can afford to drink/smoke and pay Sky £50 per month. No doubt they wouldn't be able to afford child support either.

The idea is that you will have to cut back and make some hard choices but its only fair that you support your kid(s) and not expect the state to.

welshcakes

The new system, if I understand it properly, provides for a protected minimum income (ie a certain amount you are considered to need to live on) and maintenance cannot touch that.

If someone's outgoings are higher than that protected amount then it's down to them to revise lifestyle to suit - after all, it's a contribution to the basics of bringing up a child and £50 a week is about right (speaking from the point of view of a parent receiving that much myself).

It's not the concern of the CSA to empathise with the financial difficulties that beset parents who are no longer together, they just act as a collection agncy on behalf of the children involved and tbh, the cost of raising a child doesn't fluctuate in line with parents' income/expenditure.

hobo28

I think what welsh said is what I was trying to say in a round about sort of way

kelloggs36

Have they based your assessment on the correct income details? Have they deducted the correct percentage in relation to your circumstances/the circumstances of the parent with care? By this I mean, if you have children in your house living with you, have you told them and have they made the necessary reduction? If so, then there's nothing you can do.

toonLoon

Just read this post and my wife is in a similar situation.
She was receiving maintenance payments from her ex partner through the courts (court order date 20th September 1990) Section 9 of the Guardianship of Minors Act 1971. But at the same time she was receiving Income Support as well.
Can the CSA override this Court Order as they did override it in 1993.
As a result of this she has only ever received 7 PAYMENTS in 15 YEARS!!
Her ex partner has tried everything to evade them and they just can't be bothered to trace him. Her children are now too old to qualify for maintenance and she is still owed £5,000 in ARREARS.
..And to top it all off, her ex has now taken voluntary redundancy to get out of paying the arrears. As CSA can't enforce payment if he hasn't got a job!!