CSA advice please

mrsspendalot

Hi

Just wondering if someone can give me some advice please.

We have just had a phone call from the CSA out of the blue, and are not sure what to make of it to be honest.

Background: I have 3 children from a previous marriage, my partner has 1 child from a previous marriage. We moved in together in November. We recalculated his maintenance using the CSA calculator online, that was that (the actual arrangement is private) - nothing more said. My partner has been off work on long term sick since December and dropped on to half pay in June. He gave his ex-wife a month's notice that in June his maintenance payment would drop, as his pay would be dropping. Nothing was said. Last week, however, it would appear that she contacted the CSA and wants an assessment.

He answered the questions over the phone and explained the circumstances. My partner has applied for University to start in September this year, partially as a result of his long term sickness (long story - work related stuff). The CSA staff was, from what I can gather, helpful on the phone and has said that as he is resigning from work they will put him on flat rate decision for maintenance, which I think is £5 a week.

What we are a bit confused about, and I am hoping someone can help me on, is that they asked how much I receive in child tax credit. My understanding is that I receive that to help towards the cost of raising my children, but we have been told today it counts as his income. We currently get no working tax at all. All I can think is that because it is a joint tax credit claim, that is why it counts as his income - but I receive the payment - so how can it all be his income???

What happens in September when my partner is a full time student? I work and will receive working tax and child tax to top up my low income. Will his ex-wife have a claim on the working & child tax I receive even though he will be a full-time student? From everything we have read, full-time students pay nil rate. I'm just a bit confused and could really do to know what I/we will have to contribute in maintenance just so we can budget. If I am the one in work, and I therefore receive tax credits to top up my income, is she entitled to it? I have only just gone back to work to enable him to go to Uni, am very confused!!!

Thanks in advance

kelloggs36

Child tax credits count as the NRP income in all instances - whether you agree is irrelevant, it is written into the legislation that this is the case.

When a student it will be the nil rate but the NRP can be assessed on any income above £100 per week earned. As you are the higher earner, no working tax credits will be taken into account.

mrsspendalot

Thanks for your reply Kellogs. So when he is a student, he is on nil rate. The income over £100 - does that include the child tax credit? Or is that earned income? My CTC is currently £109 a week. I have 3 children. Does it get reduced by the number of my kids before the calculation is made, or will it be assessed on the full £109? Sorry for all the questions, just a bit surprised by the phone call today to be honest.

Just to make it clear, there is no reluctance to pay child maintenance here, and in fact my partner has consistently paid more than the required all this time. On top of paying over and above the required amount, we also have to buy all clothing for his daughter here too - the PWC doesn't even send the child with a pair of clean pants and socks!

We just want to know what will be payable in September when he is at Uni so we can adjust our household budget accordingly as things will of course be tight financially with only my income to support us all.

If we know we will have to pay flat rate £5 a week then we can budget that. If we won't have to pay anything, then we know that too.

Thanks

kelloggs36

The booklet states that for any income over £100 that they would normally use is counted, so the child tax credit would be counted - this would only give an assessment however of £5 per week.

mrsspendalot

Thanks Kelloggs - at least we know we need to budget £5 a week for her then. Plus the cost of maintaining contact ......

DP is just a bit taken aback as this has come completely out of the blue. Up until now, everything has been amicable where maintenance payments have been concerned. He has always paid over and above what he should. At one point he was paying £100 a month more than the calculation reflected was payable, plus wasn't reducing it by any nights he had his DD (of which he was having her 2.5 nights a week equiv., plus buying her clothes etc). This is just because his income has dropped now and she has got funny. I assume she doesn't believe what his income has dropped to. The irony is, her behaviour towards him over contact with their DD has added to his health problems and prolonged his sickness absence, hence him now being on less pay and ultimately leaving work! Think she may get a surprise then when she gets her calculation, as he would have continued to pay her what he has been paying between now and going to Uni - now she will drop to a fiver a week.

kelloggs36

Silly girl she is then!!! Wht is he going to study?

mrsspendalot

He's going to do science with a view to a year postgrad teacher training. I'm hopefully going to be able to get help with my childcare through Uni funds as we won't get it through WTC with him not being in work. Otherwise we'll really be skint!

Blonde_Bint

mrsspendalot wrote: »

He's going to do science with a view to a year postgrad teacher training. I'm hopefully going to be able to get help with my childcare through Uni funds as we won't get it through WTC with him not being in work. Otherwise we'll really be skint!

Not skint forever though, after uni he will be better qualified so he can apply for more jobs, maybe better paid too . Dont let her make you feel bad. you can only give what you've got.

mrsspendalot

DH has now had his assessment .... £7 a week based on my £109 per week CTC
:mad:. They have done the baseline £5 a week plus 17.5 % of the £9 (reduction for my 3 kids) which rounds up to £7 in total on the reduced rate

Can anyone explain what will happen in September when he is a student? As a student under normal circumstances, he would be on nil rate. Because of the CTC though, will he be calculated on reduced rate as he is now, and therefore have to keep payin £7 a week?

I know it isn't a fortune, but £7 a week out of his student income is going to add up once all his living costs etc have been considered. That is why students normally get nil rate! I think its wrong that my having had 3 children and hence getting the CTC is going to lead to him being penalised as a student, when if he didn't live with me he would be on nil.

mrsspendalot

Also, can we apply for a variation for also having the cost of travelling there and back to pick her up/return her every time and provide clothing for her at our end? PWC doesn't even send clean underwear! I don't see how it is right to have to pay maintenance which is for things like clothing, and then have to pay for clothing on top.

enemes

My understanding is that he will be assessed at nil, when he becomes a student. Your CTC will not come into it, as they are surely for your three children. Likewise your income will not come into it either.