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Advice re: new CSA claim

My ex-husband started a CSA claim last December - we have had private arrangements for several years. The CSA were rude and unhelpful to me, calling me by his name in phone calls (I have re-married, and now have a different surname), and sending incorrect forms, so I refused to speak to them by phone.

I received no further letters until last week, when they sent me a statement that they had calculated my payments, these would start from 1st April, and that they would be deducting from my wages (!).

They have contacted my employer to get my wage amounts for calculation, so I guess that's about accurate. However, the PWC has not mentioned (funnily enough) to them that I have shared care equivalent to at least 1 night in seven (every other weekend, Fri and Sat, plus teacher training days and chunks of holidays - 2 weeks summer, usually Easter (but not this year as his new girlfriend has arranged a holiday with them - another bitter story) and a week at Christmas + occasional half terms). So surely the payments should be reduced by 1/7? How do I get them to effect this? I phoned last week, but have heard nothing about review.

A letter I received yesterday also states that they will be taking arrears from December - again probably fair enough, but they are asking for them over only 4 months - so I am expected to pay about twice as much as normal (based on an already incorrect amount) over the next 4 months - which is insane - I don't have that kind of money!

I phoned about this yesterday, but got fobbed off, and am meant to ring them back tonight. However, I hate dealing with phone calls like this - I am partially deaf, and this adviser in particular has a very strong accent, and is hard to understand.

I just feel like crying all the time - if they take this money all at once, I won't even be able to afford to travel to collect my children, much less keep them whilst they're with me!

What can I do?

Comments

  • Soubrette
    Soubrette Posts: 4,118 Forumite
    When my ex stated that he had the children for 2 nights a week and I said 1 night - we both had to send in our evidence.

    As far as I know both sets of evidence was merely a calendar of the last year stating the dates that we both had the children. These would have been compared except his evidence did indeed show he only had them for one night :rolleyes:

    You do not have to deal with them by phone (and some people would strongly advise against this), deal with them in writing. I personally would write to the address on the last letter and say that you dispute the amount of maintenance calculated and enclose your evidence.

    I would also start putting money to one side as of now to help pay for some arrears.

    I'm afraid I don't know anything about arrears payments but I'm sure someone will be online at some point to help you.

    Sou

    Edited to add - always send your letters by at least recorded delivery though.
  • I haven't kept a calendar of when I've had them - why would I note when MY children are with me? - I have a calendar showing when we have plans for me to have them going forward...?
  • Soubrette
    Soubrette Posts: 4,118 Forumite
    I haven't kept a calendar of when I've had them - why would I note when MY children are with me? - I have a calendar showing when we have plans for me to have them going forward...?

    No, nor did I, like you say, why would you keep a record of that kind of thing - unfortunately the CSA have to deal with people who lie all the time and so want some kind of evidence that they can present to the other parent.

    I sat down with my daughters (they are 13 and 15 so older) and we went through the kitchen calendar trying to remember when they were here and when they were at their Dad's. We have a regular arrangement where the girls see him for 3 weekends out of 4 in the main so that was the starting point. Last year one daughter went on holiday with him for two weeks so that went on the CSA calendar (I downloaded a 2008 dayplanner) and there were several events where we knew the girls hadn't seen him plus a few emails arranging dates so a combination of all this gave what I believe a fairly accurate calendar of when they had seen their Dad and when not.

    This year I am keeping accurate records.

    Sou
  • dizzydusty
    dizzydusty Posts: 84 Forumite
    Seventh Anniversary 10 Posts
    I posted not that long ago about CSA guidance on arrears.

    Im the PWC and my ex had been allowed to repay a reasonably small amount over a rediculous period of time. When I questioned it, the EO line manager who authorised the repayment duration stated to me that their guidance was just that - guidance. (I have limited access to CSA guides as I work for another government department so was able to direct quote from it).

    The ex stated he had extenuating circumstances - no idea what they are - can only think that hes having to start paying for his wedding in 3 months!!

    You may want to try the same, or you may want to aks them to supply the direct guidance/legislation that quotes that they must take repayment at 40% (you are within your right to request this). I do know that they should try and recoup arrears within 2 years, but this again is guidance and was the bit they quoted at me when I challenged them.

    Best of luck!

    Oh if they do send you anything that directly states they must recoup at 40% let me know will you :rotfl:
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