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

shell_542

I don't understand that at all. So are they saying that the protected income is £344 a week and if someone will have a disposable income of less than that a week, they do not have to pay any child maintenance ... on CSA 1? ...

But on CSA 2 on the same levels of income, they have to pay the £33 a week regardless of if it will leave you with no disposable income at all?

This whole 2 systems thing is absolutely ridiculous?

Do you not speak to your ex at all? Is there no chance of reasoning with him privately and trying to come to an agreement between the two of you for the £33 a week child maintenance which he "should" be paying, it would be approx what he would be paying if you closed the account and reopened on CSA 2, although if you did it would be slightly more as the CSA would then take the tax credits he and his new partner get for their children into account (which I do not agree with in the slightest).

CMAC_2

Bowski_1011 wrote: »

Ok..here goes. If anyone can explain this in simple terms then it will be gratefully appreciated!

following a change to your child maintneance, we have worked out that £0.00 a week must be paid from 21/07/09

Maintenance needed £117.71

This includes:
-total child allowances £56.11
-carer allowance £64.30
-premiums £17.30
less Child Benefit £20.00

Your income

We have decided that you have no income that we can include in the assesment.

This is because you receive:
-Working Tax Credit

The other parents income (weekly)

Income after deductions £308.28

Exempt income £241.10
This includes:
-housing costs £103.39
-travel to work costs £0.00
-property/capital settlement allowance £0.00

Income included in the assesment £67.18
(income after deductions less exempt income)

Maintenance assesment before considering protected income

Maintenance assessment amount £33.59

Considering if the other parent can afford to pay this maintenance assessment in full

Disposable income £341.48
maintenance assessment amount £33.59

income left if this maintenance assessment amount
paid in full £307.89

protected income level £344.71

Or is 70% of income after deductions if this is more

Amount due £0.00

No child maintenance will be paid if the assessment amount is less than the minimum amount the child support regulations say a person must pay, and the person responsible for paying meets certain conditions. The leasflet in CSA 2024 explins these conditions.
The assessment amount to be paid has been reduced because there is not enough income to pay the maintenance assessment in full. The amount to be paid is either 30% of the income after deductions or the difference between the disposable and protected income, whichever is less.

The Protected Income level is in play which means they dont have the income to pay maintenance. Once his partner begins to bring a income into the household the desposable income will then allow a maintenance payment.

shell_542

How on earth is that allowed on CSA 1 but on CSA 2 you would be expected to pay out over £150 a month? What a joke.

nicnacnoo

i dont get it either, surely he must pay something? i get £5 a week for my DD and her dad works 16 hours, that is on CSA2 tho so not sure if that makes any difference?

outrageous_monkey

CMAC wrote: »

The Protected Income level is in play which means they dont have the income to pay maintenance. Once his partner begins to bring a income into the household the desposable income will then allow a maintenance payment.

And thats only if the ex declares the wife is working :rolleyes: Like I said, I went from £50+ a week right down to nothing when my ex and his wife had a baby. Like Bowski, I couldnt understand how it went from £50 a week right down to nothing. I phoned the CSA numerous times to ask why, or put in for a new assessment, but each time my ex's forms would say their circumstances where still the same. Now, I know my ex's wife is working, its not a secret. But she must be getting paid cash in hand, thats all I can think of and thats why it has never been declared to the CSA.

Bowski, if you can talk to you ex and you think you can come to some arrangement between yourselves then give it a try. Once my ex knew he didnt have to pay anything he made it quite clear he wasnt paying anything ever again. I did panic and wonder how we would cope, but we did..... and my ex who didnt have enough money to pay child support was sat in the pub drinking all day Sunday, Wednesday night out with the lads... holidays with the lads:rolleyes:.

The old rules and the new rules are a joke. You would never get nil assessment on new rules. If you dont get anywhere with the CSA in regards to looking at the case again, or you dont get anywhere speaking to your ex, please think about closing the old case down and re-opening a new one under the new rules. Dont leave it 4 years like I did.

I only came on for a rant (this board) and found out about new rulings, I'd never heard of it till my rant:rotfl:

jpmummy

Quote:
Originally Posted by Bowski_1011
Ok..here goes. If anyone can explain this in simple terms then it will be gratefully appreciated!

following a change to your child maintneance, we have worked out that £0.00 a week must be paid from 21/07/09

Maintenance needed £117.71

This includes:
-total child allowances £56.11
-carer allowance £64.30
-premiums £17.30
less Child Benefit £20.00

Your income

We have decided that you have no income that we can include in the assesment.

This is because you receive:
-Working Tax Credit




Can I just ask why they don't take into account Working tax credit of PWC?

stressed_eric_4

as far as i can remember it's because ctc/wtc (the old family credit) if the pwc is receiving this they say they have no income as because they need the wtc they mustn't have enough money to support themselves, YET if the nrp is receiving it (new children in his household) , it is added to their income to work out payments to the pwc!!!!!! NOW WHERE IS THE JUSTICE IN THAT - BLATENTLY ONE RULE FOR NRP AND ANOTHER FOR PWC!!!:mad:

Bowski_1011

jpmummy wrote: »

Quote:

Can I just ask why they don't take into account Working tax credit of PWC?

Why should they? Why does it matter what I get, I support my child. This issue here is about the NRP who doesn't!

Bowski_1011

CMAC wrote: »

The Protected Income level is in play which means they dont have the income to pay maintenance. Once his partner begins to bring a income into the household the desposable income will then allow a maintenance payment.

But it seems madness that he earns £308p/w and doesn't have to pay a penny towards his childs upkeep. Do you think these number seem right?

Surely if you have 2 or 20 children, you should still have to pay towards their upkeep? I just don't get it! It's not that I have a problem with him paying for the 2 children in his household, my problem is he doesn't pay for his DD. Whatever way I look at it, it just doesn't seem right!

How do I dispute this decision? If I ring the CSA who do I want to be speaking to?

Bowski_1011

outrageous_monkey wrote: »

Bowski, if you can talk to you ex and you think you can come to some arrangement between yourselves then give it a try. Once my ex knew he didnt have to pay anything he made it quite clear he wasnt paying anything ever again. I did panic and wonder how we would cope, but we did..... and my ex who didnt have enough money to pay child support was sat in the pub drinking all day Sunday, Wednesday night out with the lads... holidays with the lads:rolleyes:.

Talking to him isn't an option. He would never pay a penny if he didn't have to. He went for about 7 years without paying, working in a full time job and ended up with arrears of about 12k I think. There's no way he'd give me anything.
I did worry at first too, but like you I know I'll cope, it's a matter of having to. I don't care if he goes out/on holiday etc. I do that, I don't expect him to not have a life I just think he should pay for his child first and then do what he wants with the rest of his money like us PWC do. Have you gone onto CS2 now then? Are you receiving any CM yet?