Could things get any worse????

JL77

Hi,

New to the boards here but i am a long suffering "NRP customer" of the CSA. My circumstances are such that i am currently on the old system which i think is called CS1??? (Could be wrong on that but i am pre 2003). I have 1 child who does not live with me.

I will try and keep this as short as possible but basically i am paying what i would consider to be a fair amount as previously i was hit with a full 30% of my take a home pay. A major factor in this was moving to a bigger house which had a bigger mortgage. As a result i now pay in line with the new CSA rules which to be honest is fair and i can live with it. Recently i applied for a departure as my travel to work costs were over the 150 limit and i needed all the help i could get with my costs. I was awarded the departure and got a MASSIVE £4 somthing per week to assist me!:mad:

As a result the PWC has now applied for a departure and on what grounds i am not sure??? The worrying thing is that i think it is to get my wife to pay towards housing costs which personally i think is shocking as this may increase my assessment by as much as 50% i am told???? I earn about a third more than my wife so i am not sure how that will pan out and if what the CSA have said is correct???? But basically i think it could have a massive
impact on the assessment. So to put this in context i get £4 to help me to get to work and she gets an extra £30 because she fills in a form out of spite!!!!! I have liaised with the national csa number and they have said that my wife's details were factored into the original assessment and that she had no bearing on the calculation??? This confused me even more.

I was also advised that if the PWC does submit the form then i will be asked to give my wifes details. She is not happy with this and said that she will not do it. I know that this could result in a penalty assessment. The guy from the csa said its up to you to take the gamble, it could work for or against me??? GREAT A GAMBLE!
Hope you are still with me, appreciate this is a big post:T

So guys what do you advise??????

1) If they ask for my wifes details should i give them?
2) If i dont give them what are the consequences?
3) Can i appeal against a departure?
4) How can this system be so unfair to NRP's yet favour the PWC at every turn?
5) Does anyone know when the CSA1 cases will be migrated to CMEC?
6) Has anyone ever been migrated across, if so how did you do it???

Thanks in advance and to anyone in my situation i feel your pain:o

Light_Speed_Cruiser

1. You have no legal obligation to disclose your wife's earnings
2. The CSA will assume she can pay half your combined housing costs.
3. Yes.
4. Blame the lawyers that drafted the Child Support Act and peripheral legislation, and the MP's who voted it on to the statute book. The UK has been slow to introduce a fairer system of child maintenance.
5.
6.

JL77

3.Yes[/quote]

What are the chances of me over turning her departure to get my wifes income taken out of the equation? Basically if it doesnt i am in the "broke need to sell the house forum!!!"

Light_Speed_Cruiser

A CS1 expert might know more on this, but as I understand it.

1. You dont need to disclose your W's earnings and you get 100% of housing costs put against maintenance.
2. Your X appeals (applies for departure) and CSA asks you for W's earnings
3. You excersise your right not to disclose
4. The CSA will assume W can meet half yuour housing cosrs and only allow half to be put against maintenance.

If W earns less than you then its better to disclose because the CSA will proportionalise housing costs according to your two incomes. That means if she earns less than you then you retain a larger share of housing costs against maintenance.

marksoton

Light_Speed_Cruiser wrote: »

4. The CSA will assume W can meet half yuour housing cosrs and only allow half to be put against maintenance.

.

Actually they could assume a much higher percentage, which is why it is such a gamble !

JL77

so based on the fact i earn more it isnt a gamble i should take then!!!!!!

marksoton

JL77 wrote: »

so based on the fact i earn more it isnt a gamble i should take then!!!!!!

As distasteful as i think it is for your partner to have to divulge her details it may well save you money if she does. Kelloggs is a former CSA employee who posts here she will be able to confirm all this.

kelloggs36

As she earns less than you then give the details - as it will be in direct proportion to what you and she earns - ie you get the lion's share of housing costs offset against your net income - damage limitation.

Does the PWC have a partner? If so, then you can put your own application for a departure in on the same grounds, ie her partner can contribute towards her housing costs. If you send me a complete breakdown of your last assessment by PM I will let you know if it will work that way too.

Soubrette

JL77 wrote: »

so based on the fact i earn more it isnt a gamble i should take then!!!!!!

As Light Speed Cruiser has said - as you earn more then they will apportion more of the housing costs to you so yes, it is a gamble worth taking.

I admire your partner's principles if she still refuses to give them her income figures though

Sou

JL77

Hi Kelloggs i am not sure if you got my post but i would really appreciate any assistance you could give me as i am worried sick about it all.

You mentioned that i could get a departure based on her having a partner. What if she denies having one? Will they put in a penalty assessment against her if she doesnt provide? Knowing her she will just lie through her back teeth and the CSA will accept everything she says as usual!!!!! This system stinks!!!!!

On top of that the CSA departures team disclosed my home address to her which i treating as a serious breach of the data protection act!