CSA Problems....

Moonwax

Hi all

Please can someone help as the CSA dont seem to tell you anything clearly at all.

Last year the CSA started taking money from my wages without me knowing anything about them, just out of the blue in my wage packet!!
My ex never mentioned a thing.

To cut a long story short, the day i left the house i kept reciepts (solicitors advise) the ex agreed verbally buying all the kids food, clothes and toys would be sufficent for her.
I now have the CSA trying to get arrears from me from the day i left.
I have over £2k in reciepts all organised out and put into a spreaedsheet to calculate each month. They are saying thought that they will NOT take any of this into consideration.
I believe this is a fraudalent claim on behalf of my ex as she was in reciept of an agreed payment plan from me at the time and for 6 months.

The second part of my problem is:
The CSA calculated my salary from when i had LOTS of overtime and quite a substantial bonus. For the past few months I have not been able to do this o vertime and might not be getting a bonus due to the econimic gloom. So my monthly income has gone down and the CSA only recieved a small amount from me last month, due to I had what they call protected earnings?
Apparantly this is 60% of my monthly income. Im really worried they will reassess my wages and my 60% will become a LOT lower, if this does then this will cause me severe hardship as im struggling to live as it is.
Can they still make it lower and make me pay 40% of my wages even though it will cause me to miss rent payments, or bill payments or just not be able to feed myself.

As far as i know my kids are not suffering which is good, since thier mum works full time, but iv heard she is also collecting quite a bit of benefits, these i do not know what they are.

The third thing is that I have my kids 1 - 2 nights a week which will apparently make a difference to my payments. The CSA are saying unless i can prove this they wont do anything............!!

Any help is much appreciated

kelloggs36

Your ex isn't making a fraudulent claim as she has always had that option open to her. She has however, acted unfairly by not telling you! You can have payments made to her taken into account from the date they contacted you until they make the assessment (this is called the initial payment period) BUT the ex has to agree - unfair I know, but that is the case.

You can ask for a new assessment based on your lower income - it won't change the arrears, but it may reduce the ongoing maintenance due. The bonus you received - is it annual? If so, then your last one will have been worked out as a weekly figure and spread out over the period for which it covered - if you get another bonus next year which is lower, then your assessment may then also reduce.

Your protected income is indeed 60% of your net income - regardless of how much that it. CSA is regarded as a priority payment, so you will be expected to make adjustments to your lifestyle to ensure that you can afford the payments.

You have the right of appeal against your assessment - including the overnight stays. Keep a diary of the nights they stay with you - take photos, make notes of what they watch on TV - basically anything that will back up your claim - you may need to take it to an appeal hearing. Good luck.

marksoton

Did you have any letters or phone calls from the CSA ?

If not you may be able to argue your case on the arrears.

Good to see DEO's are being used on the people that deserve them yet again. :mad:

System

I would certainly put an appeal in asap. I would even suggest making a request asking for a full disclosure of everything they hold on you under the Data Protection Act. It sounds as though they are working on incorrect information.
When I worked in the CSA (4 years ago) DEO's were only imposed on those NRP's who failed to cooperate with the CSA when they were trying to assess the claim. NRP's who co-operated and who could prove they had been paying all along never had a DEO imposed.

Moonwax

I have had so far NOT one letter from the csa, they would not tell me the addres they had for medue to data protection act! i mean that is stupid, they got my so called address from one person ie my ex, so that was a complete lie.

I had also never recieved a phone call at all from them, in fact my work never disclosed any of this to me at all either as they were told i was informed, which i was not!

IT is sickening as i know my ex is a complete liar and probably gave them an false address and number, whilst all the time kept giving me a shopping list of things she would like, which i always went out and done then delivered to her for the kids.

Why do they only take her side of the story and then take money off me???
ITs sick that women can apply online and just like that have money taken from someone with no investigation at all???? what if for instance i have them most nights will the CSA listen to me or keep taking her side of the story?

THe past few days I have been on the phone to the CSA and not one person there can agree on anything! All i hear is " your case worker will call you back" so i asked the name of my case worker, "oh its ehm well anyone that picks up the phone really"!!! I mean come on she had answered the phone!!!
Id like to point out that I am always very calm and nice on the phone as I can understand these people must get a lot of abuse all day.

What i still dont understand is how they can try and recover arrears now by working out my average basic over the past two months (which is now lower due to less overtime) this will now leave me just over £800 being my protected earnings! MY rent is £750, how the hell do i pay all my domestic bills, and how the hell do i feed myself? Plus how am i suppose to feed my kids when they visit me?
I pay maintenance to my ex for my kids, but i have to buy them new clothes, get them haircuts, food, toys etc for the weekends!!!
#


Sorry this sounds like a rant, but im not happy at all!

lawlorlane

From my own experience a verbal agreement in these cases never work. You will always be asked for proof of things from the CSA as you are the absent parent. As far as they are concerned you are responsible and have to pay. Stop any payments to her for food/clothes/haircuts etc from now and only pay the CSA. Reciepts do not count as proof as these are classed as gifts, food, toys, haircuts, clothes, all gifts from you to them. My EX claimed he was giving me £100 a week (he wasnt) but they told him to prove it, he couldnt (as it didnt exist). Therefore it was ignored! With regards to the overnight stays, it seems your ex is denying this happens as otherwise they would have the details already from her. In my case, my EX has our son 1 night every two weeks and for 2 hours on a thursday. This is a court agreement so we have written evidence. Is there any mention of contact agreed in a solicitors letter maybe? Or was it verbal? Unless you have proof for this then it will be damn hard to prove, even writing down films they watch and taking pics, as these can be staged and wont be accepted. Maybe a visit to a CAB would help. They can advise on your rights and steps to take etc, especially if your financial situation is making you struggle to live. Hope some of this helped!?!

Cozworth806

The rules are such that the CM only can start from the date that they contact you by phone or post you a MEF to a correct address altho I have heard that a last known address can be used which is just nuts as either its correct or not.
I would formally complain and state that you wish to appeal the original decision on the basis that you were not contacted and the forms were not sent correctly. They may ask you to confirm the address that you lived at after you left your ex.
It is a basis for an appeal and if you can show that the CSA did not contact you then the vast bulk of the arrears can be written off up until the time that you were first contacted by them.

pinkpig08

Remember that even if your protected income is high, you are still liable for the maintenance payments whether your income falls below this or not. If maintenance would take your income below the protected level one week/month, they may not take the payment from you - but you would still owe it.

Hawkmoon69

I believe arrears are only calculated from the date of initial claim and cannot be backdated before this time. As was the case with me. Arrears came to 7k yup £7000!!! I gave my ex cash in hand and asked for a receipt but she said no so I gave her the finger because without receipts I would have paid twice. Harsh.

pd001

lawlorlane wrote: »

From my own experience a verbal agreement in these cases never work. You will always be asked for proof of things from the CSA as you are the absent parent. As far as they are concerned you are responsible and have to pay. Stop any payments to her for food/clothes/haircuts etc from now and only pay the CSA. Reciepts do not count as proof as these are classed as gifts, food, toys, haircuts, clothes, all gifts from you to them. My EX claimed he was giving me £100 a week (he wasnt) but they told him to prove it, he couldnt (as it didnt exist). Therefore it was ignored! With regards to the overnight stays, it seems your ex is denying this happens as otherwise they would have the details already from her. In my case, my EX has our son 1 night every two weeks and for 2 hours on a thursday. This is a court agreement so we have written evidence. Is there any mention of contact agreed in a solicitors letter maybe? Or was it verbal? Unless you have proof for this then it will be damn hard to prove, even writing down films they watch and taking pics, as these can be staged and wont be accepted. Maybe a visit to a CAB would help. They can advise on your rights and steps to take etc, especially if your financial situation is making you struggle to live. Hope some of this helped!?!

Agree with most of the above comments

The only proof that the csa will accept is fully documented proof that you have supported your children.

Have a read of the following which I have posted in the past on this board.

Document it properly, and by that I mean you should make sure that there cannot be any misunderstanding in the future.
You should do more than just cross the cheque.....you should also send a letter with each payment that you make, to the effect that the payment is specifically made to support your child (ren).
edit...You should name the child (ren) that the payment is for.
edit...The letter has to state that the money is for child maintenance and it must also stipulate for what period.
Keep copies of these letters, DO NOT LOSE THEM!
Make sure that each letter is dated with the same date that is on the cheque.
DO NOT make cash payments!
Postal orders will suffice provided that you keep the stub, DO NOT LOSE THEM!
Ensure that it has the correct name in the payee section. Ensure that you cross the order or make sure that it is crossed when you buy it. If you dont cross it then it can be cashed and is much more difficult to trace in the future. Dont forget to sand a letter with the postal order as I have specified above.....and again...very important indeed...
DO NOT make cash payments!

Thanks to kelloggs36 who posts on here for some of the above information

Hawkmoon69

I tried the CAB once but the very old lady there didn't have a clue what to suggest. I hope your local CAB is better staffed than mine.