CSA VAriation Application

stevectaylor

Next month my CSA payment cease as my daughter will be 19. Had a call from the CSA yesterday that they received an application for a variation assessment on the basis that I am a 'Director and must be rich' which will require the CSA to go through my company accountant and cost me his services.

Now normally I would not have an issue here but am irritated by the timing and also that they deem a job title is evidence enough, which according to their guidance states

It is up to the person who applies for a variation to provide sufficient evidence to justify their case. If they cannot do this, the maintenance calculation cannot be varied.

Which in my opinion is not evidence but assumption and given the timing and the manner of the call appears more or Harassment than anything else.

Anyone any ideas what I should do?

Blue_Horizon

Firstly, you should ask for the request in writing together with the reasons for the request. Once you have this you can be clear about the basis for the variation.

I think there are two reasons that may apply:
(1) Lifestyle inconsistent with means - diffifcult to prove
(2) Diversion of income - more likely given you are a director

As I understand it the CSA can only ask for readily available information, for example, company accounts. They are aslo entitled to ask for your salary etc.

They will be interested if it appears that you are paying yourself a small salary compared to turnover/profit.

stevectaylor

Thanks, but I thought they Variation application has to be evidenced from the partner and not based on assumptions.

stevectaylor

Also the timing seems a little odd as it only 1 payment remainig!

marksoton

stevectaylor wrote: »

Thanks, but I thought they Variation application has to be evidenced from the partner and not based on assumptions.

Sounds like a bitter ex to me ! :rolleyes:

Tell the idiots you want the request in writing.

CMAC_2

stevectaylor wrote: »

Thanks, but I thought they Variation application has to be evidenced from the partner and not based on assumptions.

You are right it does need to be based on evidence for it to be considered. This is called consideration phase. but thats a long way of it been thrown out. If there is no evidence it will fail but have appeal rights? Here the Appeals Unit in Blackpool can write to you for further evidence, if you supply it and it goes in favour of the appellant the appeal will end.

If you don’t/do supply evidence and the appeal can not be revised in the appellants favour it will go to a full hearing. Here more evidence can be requested in the form of a direction hearing. If you don’t supply it the appeal can make inference from that. If the appeal finds as fact you have dividends or other income that has not been declared your ex can ask the Agency to revisit this.

Also in 2003 when variations were first introduced many were asked for over the telephone but were not actioned this could be them completing a old request. You should check the effective date of the application.

bdt1

If they assumed money was being diverted, would they then have powers to access other bank accounts, to include those of other individuals. Just thinking that if there are joint or several Directors then could their accounts be looked at in relation to shifting monies?

Blue_Horizon

stevectaylor wrote: »

Thanks, but I thought they Variation application has to be evidenced from the partner and not based on assumptions.

Evidence can be minor - for example. It could be that the evidence is your ex saying that you drive a sports car, live in a big house, take exotic holidays and own a Rolex, yet you earn £100 per month. Your ex doesn't have to prove these things.

In my case, very little evidence was given and the variation for both lifestyle inconsistent and diversion of income was initially rejected by the CSA. This didn't stop my ex appealling and dragging me through the appeals process for it to be rejected again.

Be careful, if you ex is really bitter, this type of thing could be the result - even if you only have 1 more payment to go.

Btw - have you requested a Chg of Circs as your D will reach 19? Cos the CSA do not automatically change your liability - my son was 19 in June and I still do not have a new assessment for my remaining quailifying child as my ex is playing silly again.

BEE

Blue_Horizon wrote: »

Evidence can be minor - for example. It could be that the evidence is your ex saying that you drive a sports car, live in a big house, take exotic holidays and own a Rolex, yet you earn £100 per month. Your ex doesn't have to prove these things.

EX has lied regarding so many things that we have started using NACSA

The CSA seem to just take ex's word on everything and treat paying parent with contempt.

Blue_Horizon

BEE - Yep it's !!!!!! isn't it? I'm in the same position - my ex has lied to try and get her own way. I've had to fight one appeal and countless variation requests.

stevectaylor

I know, in keeping with the saving money theme, the only way I can see is to hire a 'hit man' save £££ in the long term. Only Kidding:rotfl: