Csa and Debt

NewbieMoneySaver**

Hello all, hope someone can help. My wife and I have split on not very good terms. I Have always paid the loan and cc's but now I'm left with it all. It's alot and just wondered if she can still claim csa off me.
Cheers

Zara33

http://www.cmoptions.org/en/pdfs/CMO_Money.pdf

Page 5 may be of some help to you.

Ignore that ^^^^^^ :rolleyes:

What factors might we take account of for non-resident parents?

If you are a non-resident parent, we might look at the amount of child maintenance again if you have special expenses of more than £10 a week, or £15 if your income is £200 or more, for:

• keeping in contact with your children (for example, if the parent with care has moved a long way away).
• supporting children who live with you who have disabilities or a long-term illness (if the special expenses are less than £10 or £15 a week, we may still take them into account).
• paying back a debt that you took on before you separated from the parent with care, and the debt was for the benefit of the family or a member of the family.
• paying boarding-school fees for children who you pay child maintenance for (we will take account of only the everyday living costs or ‘boarding’ part of the fees).
• making payments on a mortgage, loan or insurance policy to pay off a mortgage or loan on the home that you and the parent with care used to share. The parent with care and the children must still live in the house and you must have no legal interest in it.

We may also change the amount of child maintenance if you transferred property or money to the parent with care as part of a court order settlement or written maintenance agreement made before 5 April 1993. The property or money transferred must have reduced the amount of child maintenance made under the court order or written maintenance agreement. The value of your share of the property or money transferred, after taking off any unpaid mortgage or loan, must be £5,000 or more.

http://www.csa.gov.uk/en/setup/other-financial-commitments.asp

kelloggs36

Yes she can but you may as the previous post suggests, be able to get a reduction if you are paying for loans although credit card debt will never be included.

MikeyandEmma

Hi All, I just wanted to give you a little insight into my issues that I have had with what the CSA call a "factor".

2 years ago my partner decided to move my little boy away from Devon, where we were both based, up to Chester (which for me now is over 200 miles away)

The move was not dicussed with me and it was a case of that if I wanted to see my son I would have to get up there - end of story. I did understand that my ex partner could not drive and would therefore find it very hard to bring my son half way, or even some of the way to meet me.

Since she moved my son upto Chester I have once a month been driving up to Chester on the Friday, bringing back to my home for the weekend, driving him back up on the Sunday and then having to drive home. I have to drive around 20 hours in one weekend as well as the fuel costing around £120 for the weekend.

I certainly do not begrudge my son the time or money and would do anything to make sure I see him; however times are hard and I am finding it harder and harder to afford the trip once a month.

I spoke to the CSA about the costs that I inccur and they said I had more than a valid case to put in a Variations Order. This is an order that taking into account (as shown above) additional payment/variations with regards to your child.

I put in an application for a variations order, filling in my life story in the rather lengthy booklet for the CSA to take into consideration that I am paying an additional £120 a month to visit my son.

I recieved a letter back a couple of days ago with the amendments that have been made to my payments because of the order........wait for it..................they have taken a massive £2 a week from my payment!!!!!!! Quite frankly I need not have bothered to put the order in and find it insulting that they think £2 a week is fair towards my costs of £120! (which might I add it was my ex partners choice to move!)

I wan't expecting a large amount and certainly nothing close to half, however I would like to know how they have come to the £2 a week amendment!

I have now written a letter to my local MP as I have been informed that they have a sway with regards to CSA actions, so I will have to wait and see what happens now!

In the mean time I will have to continue to pay £120 and drive 20 hours in one weekend to see my son!! I would also like to add that 6 months ago my ex moved in with her new partner who has a car and can drive. A few months ago I asked if it would be possible to meet halfway now that she has access to a car.......not to my surprise she flarly refused to do this. According to the CSA there is nothing that can be put in place to have her meet me half way either!

I hope this highlights how "fair" the CSA with regards payments and specific circumstances!

Any advice on the above matter would be greatly appreciated!

Mike

NewbieMoneySaver**

As you can see from my sig we have 38000 debt and what I get from above is the payments would be reduced. Well why should I bother paying the debt then if I have to pay everything. That's not fair

MikeyandEmma

Maybe seeking help/advice from your local MP could be an option? I didn't even think about it until it was mentioned that they can help.

Hang in there and keep pushing - don't give up!

Bellio

Contacting your local MP in my husbands case and mine a few years ago was a great idea, and worked really well. My husband was going through the CSA, they were taking our payments out of the account but not passing these on to the RP. Needless to say, she kicked off. (As she does about anything ) We called the CSA who said we had no paid, we sent our bank staements off to prive it, then they sent us a letter saying they wanted over £200 in arrears !!!! We were paying every month. We were getting no joy from them at all and all the time the ex was ranting and raving at us as the CSA were telling her that we were not paying. We emailed our local MP regarding the problems and within 48 hours, the CSA called to apologise and advise us that they had in fact been getting the money but a system problem meant that this was not getting passed on. it was 6 months and finally it was sorted. We also got £20 compensation for the hassle !! Needless to say the ex wife smile was well and truly wiped off her face when she recieved nothing for 6 months, and cancelled with the CSA. ( That was the only good bit ) So go on give your MP a try.

DUTR

I must say I think some of these stories are fabricated. Unless you don't have parental rights (or whatever they are called) the pwc can't just up and off to anywhere they wish, or certainley not with the children.

Zara33

DUTR wrote: »

I must say I think some of these stories are fabricated. Unless you don't have parental rights (or whatever they are called) the pwc can't just up and off to anywhere they wish, or certainley not with the children.

I'm finding it hard to understand why someone would "fabricate" a story, of course a pwc can up and leave, maybe not out of the country but certainly within the UK.

DUTR

Zara33 wrote: »

I'm finding it hard to understand why someone would "fabricate" a story, of course a pwc can up and leave, maybe not out of the country but certainly within the UK.

They can but as I understand , not with the children, that used to be one of the gripes complained about on the parent centre forum

Zara33

DUTR wrote: »

They can but as I understand , not with the children, that used to be one of the gripes complained about on the parent centre forum

So what your saying is that a NRP can dictate where a PWC stays :eek::rotfl:I would seriously like to see someone tell me what to do there would be lots of bleep, bleep, bleep!