Csa finally got around to my case

the_rottweiler

I had to give up on csa in 2003 because after all the waiting, form filling, different case workers etc, ex got a nil assessment, I got ill and had to let go.
Moving on to today (after no contact from them for 5 years) I received a letter stating that another assessment had been done and he should pay £28.10 per week. Good news.
I called and asked when I should receive this and csa said I should know in a couple of weeks as the assessment was only done on 10th march, but the backpayment was from sept 08.
Now I dont have a great relationship with my ex, but we are civil, and I do believe he should have been supporting his children for the past 7 years, but he will get home tonight to a letter stating that he is already in 6 months debt (£730) when the assessment was only done 2 days ago.
I can see both sides of the argument but there should be a system in place to stop this happening. No wonder so many nrps give up their jobs, do not fill forms etc
My question is, can I try come to a private arrangement with him and tell the csa to go away

N71

the_rottweiler wrote: »

I had to give up on csa in 2003 because after all the waiting, form filling, different case workers etc, ex got a nil assessment, I got ill and had to let go.
Moving on to today (after no contact from them for 5 years) I received a letter stating that another assessment had been done and he should pay £28.10 per week. Good news.
I called and asked when I should receive this and csa said I should know in a couple of weeks as the assessment was only done on 10th march, but the backpayment was from sept 08.
Now I dont have a great relationship with my ex, but we are civil, and I do believe he should have been supporting his children for the past 7 years, but he will get home tonight to a letter stating that he is already in 6 months debt (£730) when the assessment was only done 2 days ago.
I can see both sides of the argument but there should be a system in place to stop this happening. No wonder so many nrps give up their jobs, do not fill forms etc
My question is, can I try come to a private arrangement with him and tell the csa to go away

Yes you can - but do you think he'll pay? If he doesn't, and you've closed you CSA case, you're back to square one and will have to start again.

The arrears might seem a lot, but your Ex should have been supporting his children for the last 7 years, or at least since his circumstances changed (Sept'08 according to CSA).

The arrears should be all due to you, unless you are/were on income support in Sept'08, then a very small portion (covering sept/oct) will be payable to SOS. Whatever arrears are due to you can be written off - thats your decision.

the_rottweiler

Yes, i am on income support and just get that for me. I get tax credit for the boys (15 and 16) but this has only changed this month.
I have talked to ex today and this has all kicked off because his 2nd wife (one child with him) has claimed income support, which started off my claim again.
He has agreed to pay directly, into the boys bank accounts. In principle we agreed tonight that he would put £100 per month into the boys accounts, I cannot afford to do this if I am going to lose income support.
I am not happy to let arrears go,but we can come to an arrangement, and i said there would have to be a contract in place, checked by a solicitor.
He has agreed to pay directly, into the boys bank accounts. In principle we agreed tonight that he would put £100 per month into the boys accounts, I cannot afford to do this if I am going to lose income support.

If I am going to lose money from income support I obviously cannot afford to do this, advice please

tigstheterror

As from Oct 08 you can come to a private arrangement , however, you are now entitled to keep £20 per week of the maintenance you have to inform the Jobcentre plus of how much you are receiving as it affects the rest of your claim. This is set to rise in 2010 with CMEC to £40 and it will no longer have to be declared when you claim Housing benefit or Council Tax benefit:
[FONT=&quot]. " The Act repeals sections 6 and 46 of the Child Support Act 1991. This will mean that parents with care in receipt of (or applying for) the prescribed benefits will not be treated as applying for maintenance, and therefore they can not be subject to a reduced benefit decision. [/FONT]
[FONT=&quot]24. Once this change occurs existing parents with care whose application for child maintenance was made under section 6 (and was therefore compulsory) will have a choice of withdrawing from the statutory scheme should they wish to do so. "

[/FONT]

1. [FONT=&quot]"A parent in receipt of benefits will be able to retain a greater amount of the child maintenance paid through the CSA: £20 per week instead of £10. However the Child Maintenance Bonus for parents in receipt of maintenance returning to work will end from 26 November 2008.[/FONT]
2. [FONT=&quot]From April 2010 money parents receive in child maintenance payments will not be taken into account when calculating that parent’s out-of-work benefits or Housing and Council Tax benefits" Hope this answers your questions Tigs x
   [/FONT]

kelloggs36

The changes did not come into effect until Oct 27th so if it was with effect from Sept 08 you can't write off those arrears or come to a private agreement. you can however, cancel any arrears due from 27th October but you will be losing out on £20 per week extra. If you come to a private agreement, it can only be for £20 per week - any more has to be declared and will affect your benefits penny for penny until it changes again where you can keep more. I don't think you are allowed to accept money into the boys' bank accounts either without declaring it, so you may lose out that way too. You need to check this out with INcome Support

the_rottweiler

Thanks for all your advice it has been very helpful.