Can they do this ?

Bellybutton_2

Ours (like many) is a very long running saga. To cut a long story short, after my husband lost his job, I took over the payments to husbands ex for thier two children,. eventually one not only left school but also home and had a fulltime job. CSA still wanted payments so after a long running battle they finally admitted that they owed us over £2,000. (Which they are not interested in paying back). SEcond child now 19 but one day a week at college is considered fulltime education. so csa still want payments to continue ( now double for one than they were for two). We have two children of our own. (6 and 18mths) whom CSA have never taken into account on assessment despite repeated requests. Our childcare was costing us £900 per month so it was decided that my job had more prospects and so my husband would quit work to raise our children whilst I carried on. Husband cannot claim benefits as he willingly quit and is not available for work. Asked for reassesment of CSA but they will not look at it again. We are old scheme and all they want is details of my earnings. As much as I love husbands grown up child I do not feel that I am responsible for her. ( Especially as her mother has never worked) I struggle to pay our bills and to keep husband and two children of my own. As I wont provide them with my details ( do not think this is relevent to the claim even for my children as husband has no assessable income) they say my husband still has to pay and the assessment will not change. Can they do this as he has no income whatsoever and all the monies are what I earn?

Sorry for long post!!

marksoton

No they cannot. Demand a reassessment. I would also put in a complaint. Your husband is fully within his rights to get a reassessment at any time he chooses.

If you hit more problems involve your MP.

oesd31

It is my understanding the csa ceases once the child reaches the age of 19 and full time education is classed as 12 hours or more per week. So they could not do this in 1 day. Therefore csa should have stopped and so should CB as not in full time education.
I would send in a complaint you can do this via the csa web site make sure you use the complaint form not the contact us form and they should aim to resolve the complaint within 15 working days.
I e-mailed a complaint on 7th April and received an acknowledgement letter dated 8th April advising of the 15 working day.

kelloggs36

Your assessment should have been nil from the point that you notified them of a change in his circumstances - or did you? You say you took over the payments - why? You should have notifed them when he lost his job, then he would have got a nil assessment - in any case, even if they do have your details, if he has nil income, he will have a nil assessment.

Donedoingdebt

Now the youngest child is 19, your husband is NO LONGER LIABLE for child maintenance payments via the CSA.
Liability ends on the child's 19 birthday regardless of their education or work circumstances & he/you should make only one further payment after the 19th birthday as maintenance paid via the CSA is paid in arrears.
The only reason the CSA can have for continuing to take payments is if there are arrears on the account. If so, the account will remain active until these arrears are paid in full.

catenorfolk

I would make a complaint and also arrange to take this to the tribunal. It isnt easy and is a bit long winded. It will take a while, but eventually you will get this sorted. hang on in there

Bellybutton_2

Thankyou all for your advice and experience - I really appreciate it. Kelloggs36, no we did not inform them of change in circs originally as we thought that it would all be finished in a few months and that it would be easier to just pay until then. This was not to be and eventually DH oldest child got a fulltime job and moved out to live with her partner. (she never went into further education) by then our first child had been born and so DH asked ex if he could lower payments. She was not happy but told him to half it - It was paid into her bank by DD so we did this. She went straight to CSA who told DH payments stayed as original. Then began a lengthy fight to remove this child from the assessment, during which time DH went back to work. Eventually they stated that they owed us £2,600 in overpayments, and then tripled the original award for the remaining child. despite the fact that we now have two children and DH earns less than before. We asked for the monies owed and they informed us that it will be offset against monthly payments for the younger child - reducing those payments by £10 per week :rotfl:. That means we will have recouped in
2012 - Child was 18 at that point so will not be on the books by then. (or will she) ??? Yes we do owe them some money - £428 for the month when DH stopped working (he had to as childcare was costing £900 per month)we did not pay, as we asssumed that as he is now unemployed we would not have to. In return they keep sending us demands and threats for this , we have asked them to take it off the £2,600 and on top of that they refuse to reassess and still want us to keep paying the same amount. If husband does not work why do they need my earnings in order to do this. It seems like they expect me to pay for HIS child whilst trying to keep my own two and my DH. I m afraid that they will increase the payments if they see what I earn. I am just at my wits end

kelloggs36

Bellybutton wrote: »

Thankyou all for your advice and experience - I really appreciate it. Kelloggs36, no we did not inform them of change in circs originally as we thought that it would all be finished in a few months and that it would be easier to just pay until then. If you had told them at the time, your liability would have ceased altogether, and it is too late to get it backdated now. This was not to be and eventually DH oldest child got a fulltime job and moved out to live with her partner. (she never went into further education) by then our first child had been born and so DH asked ex if he could lower payments. She was not happy but told him to half it - It was paid into her bank by DD so we did this. She went straight to CSA who told DH payments stayed as original was a new assessment done at this stage or not? Did you ask for one?. Then began a lengthy fight to remove this child from the assessment, during which time DH went back to work. Eventually they stated that they owed us £2,600 in overpayments, and then tripled the original award for the remaining child this is the odd thing about CS1 - there are many variables which can affect payments due so it can never be assumed that removal of a child will reduce the liability as it can increase it too! despite the fact that we now have two children and DH earns less than before housing costs? Was he paying the full maintenance requirement before? If not, then he was paying at a discounted rate.. We asked for the monies owed and they informed us that it will be offset against monthly payments for the younger child - reducing those payments by £10 per week :rotfl:. That means we will have recouped in
2012 - Child was 18 at that point so will not be on the books by then. (or will she) ??? yes she will unless she has already left school and is working. Yes we do owe them some money - £428 for the month when DH stopped working (he had to as childcare was costing £900 per month)we did not pay, as we asssumed that as he is now unemployed we would not have to if you had notified the CSA at this time that he was not working then this assumption would have been correct, if you didn't tell them then your liability will remain. In return they keep sending us demands and threats for this , we have asked them to take it off the £2,600 and on top of that they refuse to reassess and still want us to keep paying the same amount. If husband does not work why do they need my earnings in order to do this what evidence of him not working is there? AT what point did you tell them that he was earning nothing?. It seems like they expect me to pay for HIS child whilst trying to keep my own two and my DH no, but it will still be a nil assessment if you send in your income details if he earns nothing. I m afraid that they will increase the payments if they see what I earn. I am just at my wits end

They can't increase liability if he earns nothing! It will reduce to nil.