I need help...ex been awarded nil assessment?

Bowski_1011

I have a 10 year old DD and for about the last 2 years have been receiving maintenance payments. To start with they were £72 but then when he had a baby to his girlfriend who he has a mortgage with it went down to £54 p/w.

2 weeks ago I stopped receiving payments and after a few days decided I'd ring them after work to find out if it was on it's way, I wasn't too worried as it wasn't the first time I'd have to ring to chase up payments but I still got them in the end.

On 28/7/09 I received a letter from them saying that as of 21/7/09 £0.00 must be paid.

I do not understand all the terms and the way they write the letters, I know I may sound thick but at this moment in time I can't really afford to be embarrassed about my lack of brains.

Basically I phoned them up and they said that he cannot afford to pay CM for my daughter so has been awarded Nil assesment. The woman I spoke to seems to think that his gf has given up work. Now what I can't understand is how the CSA are meant to help with making absent parents pay and then they tell someone who earns £308.00 p/w that they don't have to pay maintenance for their child (yet they take into account he has to support his girlfriends daughter!) They said that if I receive any payments from them after 21/07/09 then I will have to pay them it back!! (I received one on 31/07/09)

I feel like I don't know what to do next, there is no way I am leaving it. I was just wondering if anyone could help? Would it help if I post up the letter they send me explaing how they came to that decision if someone would be able to explain it to me? I am looking at it over and over again but I just don't understand it.

I'm thinking I possibly need to ring and tell then I want to appeal against the decision? Is that right? Anyhelp would be gratefully received.

If you need to ask any info about circumstances etc. that's fine, it's taken me a week to get round to wording this so just wanted to try keep it simple.

Thankyou in advance!

CMAC_2

Can you tell us if you are on CS1 or CS2 ie when did you first get the csa involved pre march 2003 or after march 2003.

Bowski_1011

I am on CS1.

Thanks

shell_542

Hi there, I thought I would reply on here so as not to clog up the other thread.

It might be worth while copying out onto here the reason they have come up with for the nil assessment, obviously without any personal details, as the reason you have described doesn't sound right. I don't think they can award a nil assessment just because he has another family to support if he is still working. Unless he is self employed and his accounts show he isn't earning anything or he is in fact unemployed at the moment and is not receiving any benefits at all.

I'm not totally clued up on the CSA though, especially CSA 1.

Bowski_1011

shell_542 wrote: »

Hi there, I thought I would reply on here so as not to clog up the other thread.

It might be worth while copying out onto here the reason they have come up with for the nil assessment, obviously without any personal details, as the reason you have described doesn't sound right. I don't think they can award a nil assessment just because he has another family to support if he is still working. Unless he is self employed and his accounts show he isn't earning anything or he is in fact unemployed at the moment and is not receiving any benefits at all.

I'm not totally clued up on the CSA though, especially CSA 1.

Hi thanks for your reply

I'm just nipping to drop my DD off and I'll be back to post the details. I also didn't think their reasoning seemed right. I don't think the woman understood when I was telling her that I didn't understand the letter and just kept saying to me 'he can't afford to pay you CM'. You probaby understand what it's like trying to speak to the CSA :wall: :eek:

shell_542

There are lots of people who can't actually afford to pay child support but the standard response from the CSA is normally "TOUGH!" :rolleyes:

outrageous_monkey

You could close the old CSA1 rulings down and then wait 13 weeks (I think?? and phone up and open a new case under CSA2 rulings.

My ex has been nill assessment for the past 4ish years. I came on here and started a thread about how my ex doesnt have to pay child support to me but he has to pay arrears off to the Government. It was in that thread that I found out about closing old rulings down and opening new rulings.

From what I have been told under new CSA2 rules a parent without care cant be awared nil assessment.

Good luck

Dog_The_Maintenance_Hunt

You have spoken to your ex and he says he cant pay thats all you can do down that road.

Next action is to look at the paperwork regarding his new nil assessement, can I suggest you post his income and housing costs number of natural children and i can do a quick calculation to see if his protected income is stopping payments. If his income has dropped below what you think could not maintain his lifestyle then you need to go for a departure dirction on those grounds. While you doing a departure also go for his partner contribution towards housing costs, if she is not working then she has nothing to worry about.

The DOG

THEY CAN RUN BUT THEY CANT HIDE

Bowski_1011

shell_542 wrote: »

There are lots of people who can't actually afford to pay child support but the standard response from the CSA is normally "TOUGH!" :rolleyes:

I know! If I didn't feed/clothe DD coz I couldn't afford it then I'd be done for child cruelty !!

DUTR

Dog_The_Maintenance_Hunt wrote: »

You have spoken to your ex and he says he cant pay thats all you can do down that road.

Next action is to look at the paperwork regarding his new nil assessement, can I suggest you post his income and housing costs number of natural children and i can do a quick calculation to see if his protected income is stopping payments. If his income has dropped below what you think could not maintain his lifestyle then you need to go for a departure dirction on those grounds. While you doing a departure also go for his partner contribution towards housing costs, if she is not working then she has nothing to worry about.

The DOG

THEY CAN RUN BUT THEY CANT HIDE

The OP has posted the income, how is she supposed to know her ex's housing costs?

Bowski_1011

outrageous_monkey wrote: »

You could close the old CSA1 rulings down and then wait 13 weeks (I think?? and phone up and open a new case under CSA2 rulings.

My ex has been nill assessment for the past 4ish years. I came on here and started a thread about how my ex doesnt have to pay child support to me but he has to pay arrears off to the Government. It was in that thread that I found out about closing old rulings down and opening new rulings.

From what I have been told under new CSA2 rules a parent without care cant be awared nil assessment.

Good luck

Hi thanks for your reply

I will consider this but I didn't want to do anything too drastic without getting advice first. I don't understand the paying back the government thing but not maintenance either, again, when I said this too the woman at the CSA it was like talking to a brick wall !!!

Thanks for the good luck wishes and the same go to you with your case