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csa help please... well more NRP help lol

brians_daughter
brians_daughter Posts: 2,148 Forumite
edited 6 June 2009 at 4:16PM in Child support
ok, CSA have been great with me, as a PWC, calls made when promised, updates given when they said etc. The NRP hasnt been co operating and basically trying to play the system. he has avoided a default maintenance decision by 25minutes last week!

NRP has told both me and CSA that if his repayments come in at more than £15 per week he is quitting his job!! The csa reckon if the info he is very woolily providinga re correct when they get his payslips that he 'allegidly' posted on thursday the agreement will take his tax credits into account and i would be entitled to more like £40 per week.

Surely the NRP cant tell the CSA he will quit his job and then go on to claim benefits? or can he? its sounds madness if thats the case.. we havent been together 9 years and he has never paid a penny towards his son as he 'cant afford it' yet drives round in a new bmw... its not a co car as he is in a low paid job, he rents his houe with his partner and 2 kids - his partner works and they obv get tax credits.... but how can it be that he can expect to quit his job and move directly onto benefits?
Also, if he does quit his job will csa still include whatever portion of tax credits to do the assessment or will it be the flat £5 pw plus arrears payment?
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Comments

  • marksoton
    marksoton Posts: 17,516 Forumite
    Sounds like empty threats to me. The CSA would be able to go for deprivation of income and if he quits his job he won't be eligible for JSA anyway.

    I personally don't agree with tax credits being included but there you go. As far as i am aware they are payable to the higher earner so would be awarded to his partner and not included in any assessment ( if he took the route he is threatning ).

    TBH though most people have a standard of living and would not want that to drop,you would have to be very desperate to go down the route he is suggesting.
  • Blob
    Blob Posts: 1,011 Forumite
    The simple fact is that teh CSA do drive people out of work, to work on the 'Black Econemy and to leave the country, and in some cases take their own lives [62 that I am aware of].

    If he quites his job then I think it is 6 months before he can get benefits, and has been said it wont affect his assesment. However you should remember that at this time there is a resection on and people are being laid off all over the place. He may know something is coming down the line and useing this, just a thought.
  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If he tells the CSA that he will quit his job and then does, there is a solid case for deprivation of income in which case his assessment will remain in force as though he were still at work and he will have to find the money somehow.
  • Blob
    Blob Posts: 1,011 Forumite
    Untill it gets to a Court and he can prove that his income is what he said and just why he is out of work. The Judge will then go for the CSA big time and in my view rightly so.

    If someone is driven to make statments that are on teh spure of the moment through frustration then they will not be upheld by a Court, been there done that!

    If you now want to take the line that people dont get frustrated with the CSA look at the post here, and as they say try again!
  • LizzieS_2
    LizzieS_2 Posts: 2,948 Forumite
    Blob wrote: »
    Untill it gets to a Court and he can prove that his income is what he said and just why he is out of work.

    For a £40pw assessment for 1 child with 2 in the house, income equates to £332pw. With both himself and partner working it is doubtful much of that is tax credits. By packing in his job, he would have great difficulty proving he is better off!
  • Blob
    Blob Posts: 1,011 Forumite
    By my understanding assuming that on Benefits he will only have to pay £5is a week then he would be at the very least £35 a week better off. That is why the system is wrong. There is no insentive for people to work, we now have a generation in some areas that is based on Benefits. Good old tax payer!!!!!!!

    In my view the action of the CSA in some cases just makes this worse, and helps no one least of all the kids!
  • LizzieS_2
    LizzieS_2 Posts: 2,948 Forumite
    Blob, I agree he will save on child support payments. What I was saying is that overall he will even less income than after paying £40. He would not qualify for benefits by packing his job in, even in the hypothetical scenario he could claim Income Support - his partner works! The OP has not cleared up the BMW, possibly his partner bought it due to much higher wages than him, or is financing it?

    My understanding is to get a £5 assessment for deliberately packing in a job, a nrp must prove not just they would pay less child support, but their benefits would be higher than their previous wages after the csa deductions.
  • Blob
    Blob Posts: 1,011 Forumite
    Yes agreed, but if his income is insured then there is nothing the CSA can do to get at it! Then even the £5 a week is in doubt as he wont be getting benefits.

    Again, as I understand it and I may be wrong there is out there an industry in the makeing of 'Just How to beat te CSA'. It comes down tot eh way that the CSA go for people and dont listen to anyone, they are correct and to hell with everyone else!
  • brians_daughter
    brians_daughter Posts: 2,148 Forumite
    thanks guys... his threats are not empty ones. he told me 9 years ago when we split he would go self employed and did to avoid csa. i have tried all other avenues ie solicitors agreements etc but he never sticks to them. He has told both us and the csa he has worked out what his wages after csa is taken out and then household income with him being unemployed ans its only about £30 a week worse off. His tax credits are over £5000 pa. his partner has shown me the award recently as she wanted some assistance with some 'termanology ' the tax credits where using. they also get partial housing benefit etc. We where all very close prior to me going to csa as tbh i am sick of us struggling working 40 plus hr pw each to just pay the essentials ie mortgage and bills when they are on 4 holidays abroad a year and telling us we are daft for working f/t as we would be better p/t with tax credits... fortunately i have always paid my way even as a single parent and worked 3 jobs when ex left

    i in no way want him to quit work, as i dont see why as a tax payer i should keep him and his family because he will not contribute towards his eldest child.

    He is saying that he will start work in 2013 when his tax credits will no longer be taken into account... i do not know why this is but thats his thinking anyway! I have no onterest in taking his childrens tax credits off them, my only interest is my son but as he hasnt followed up witha ny other promises the csa is the only route left for me and they will only collet the full entitlement - if i wanted any less they wouldnt be involved..... i am just really at a loss as to why someone doesnt want to pay for a child that they see 2 -3 times a week!!
  • marksoton
    marksoton Posts: 17,516 Forumite
    Anyone who has 4 holidays a year and drives a new BMW would do well to sustain that when on benefits !

    Anyway thats his problem. CSA route i say and let him wriggle and squirm. The man is deluding himself and is an idiot. I find it very hard to defend NRP's when one's like this exist.

    And the threat of deprivation of income will loom as well. Might want to point that out to the idiot. ;)

    Good luck.
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