Help needed the csa are driving us nuts

caz1964

Hi I am new to this site and would appreciate any advice or help that you can give me.My partner has been paying csa ever since he split with his wife,it has always been taken out of his wage.The csa state that my partner is entitled to £639.32 protected earnings per calendar month.So how can they justify leaving him with only £554.27 per calendar month.They are taking 40% of his net earnings per month.He has 2 children and was told that he should only be paying 20% of his net pay. We are finding it very hard to make ends meet without having this sprung on us.What can we do.We have written to them,but are still waiting for replies and we are fed up of talking to 4 or 5 people and getting different answers to the same questions.

pd001

caz1964 wrote: »

Hi I am new to this site and would appreciate any advice or help that you can give me.
Welcome to our little club..hope you enjoy the ride!

My partner has been paying csa ever since he split with his wife,it has always been taken out of his wage.The csa state that my partner is entitled to £639.32 protected earnings per calendar month.So how can they justify leaving him with only £554.27 per calendar month.They are taking 40% of his net earnings per month.He has 2 children and was told that he should only be paying 20% of his net pay. We are finding it very hard to make ends meet without having this sprung on us.What can we do.We have written to them,but are still waiting for replies and we are fed up of talking to 4 or 5 people and getting different answers to the same questions
First question, are there any arrears involved?
Second, is he on a DEO?

caz1964

Hi.He has only missed two months and that was because the csa told his employer that there was nothing to pay for them months He pays direct out of his earnings.

Am quite looking forward to the ride!!!!!
Its been a right rollercoaster so far

pd001

caz1964 wrote: »

Hi.He has only missed two months and that was because the csa told his employer that there was nothing to pay for them months He pays direct out of his earnings.

Am quite looking forward to the ride!!!!!
Its been a right rollercoaster so far

Ok, so it looks as though there is a DEO in force and you do owe arrears.

All I can tell you is that if you are on a deo they can take take up to 40% of your net take home pay until the arrears are paid off in full.
They are not supposed to take more than 40% although they sometimes do!

Soubrette

My maths is shonky at the best of times but if you pay 20% of net income but have two months arrears - does this mean you will pay 40% for two months until the arrears are cleared?

Have you been advised anything at all by the CSA?

Thanks

Sou

caz1964

What about the protected earnings though.The bit of money i have coming in will not cover the bills etc that we have to pay.My partner only owes two months and they want to take 40% off him for the next twelve months.I think they have got it wrong.They must have surely.My partner has always been willing to pay his way and has done alot more for his children than some absent parents.The csa made the mistake in the first place and now he is paying the price for there mess up.
Can you tell me if they do face to face meetings please ?

caz1964

Hi Sou.We have recieved a letter from the csa and it states that from june 09 to june 2010 that my partner is to have stopped 40% of his wage.He has been on the phone several times this week and has sent a letter to them as well.They are saying that it is correct.To top it all they are trying to say that he owes money for two other kids that are not his.

Blob

Hi

Sorry to hear your probs but the simple answer is as you are on a DEO then 40% is what they can take if they want to.

caz1964

It looks like we are on a no goer here then.I still cant understand how they can touch his protected earnings,when they state that he needs that amount to live on.I dont know how he would survive to be honest if he was on his own.Looks like i will have to see if i can get some extra hour in at my place of work(i doubt it though)

Blob

If as you say it is through a DEO, then I was under the opinion that the PE can't be invaded. His employer should not take him below this level, you should ckeck this with them.

Sorry but that is the best I can do.

Soubrette

caz1964 wrote: »

What about the protected earnings though.The bit of money i have coming in will not cover the bills etc that we have to pay.My partner only owes two months and they want to take 40% off him for the next twelve months.I think they have got it wrong.They must have surely.My partner has always been willing to pay his way and has done alot more for his children than some absent parents.The csa made the mistake in the first place and now he is paying the price for there mess up.
Can you tell me if they do face to face meetings please ?

As to the face to face meetings - I think the only chance you would have is if you asked for an oral tribunal which is not CSA, it is an independent body who will adjudicate on the CSA decision. To get to this point you will have to say that you do not agree with the CSA decision and would like to appeal it. The Tribunal only rules on points of law though.

Can I ask how much you owe, how much you would normally pay and how much you will be paying over the 12 months - if you don't want to go into that detail then can you go over the figures yourself and tell me if they all add up ie 12 months @40% of net wages will cover the 2 months arrears plus his monthly child maintenance.

I know you know this now caz, but for the sake of anyone else reading - if the CSA stop collecting for any reason then do put the money to one side, they as an organisation do not take responsibilities for their mistakes - you will.

I've had a poke round the net and here is one thing you can do although the page itself is dated from 1999 so any advice may have been superceded by new legislation or guidelines.

http://www.childsupportanalysis.co.uk/faq/faq_13_to_14.htm

from_faq wrote:

14.6. What can I do if the DEO leaves me in poverty? (1999-07-28)

DEOs are sometimes taken which leave the household income below Family Support levels.
If this is occurring in your case you should write to the CSA giving details of all of your incomes and all of your outgoings, including the many things the CSA don't usually take into account. This has proved very successful in reducing many DEOs by reducing the amount deducted towards arrears. Obviously, pointing out that the DEO places you below benefit levels adds to the strength of your case.
If this is happening to you, you should refuse to accept no for an answer, taking it to your MP.

So you have a few options from this thread but nothing guaranteed.

1. Write to your MP
2. Write to the CSA with your incomings and outgoings
3. Speak to your partner's employer - will they be willing tell the CSA that they are unable to deduct an amount that leaves him less than his protected earnings.

With regards to the children that are not his - can you give us some more info about that? Are they siblings of his child or connected in some way? Or is this from someone he's never heard of?

Good luck


Sou