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Why r child tax credits taken as wages for maintence purposes

We have recieved a letter from the CSA to say that my OH owes nearly 2000 pounds arears for his daughter.
We used 2 hve both his daughters by his 1st marriage for 3 days a week till they were about 15/16 + decided they wanted to be out with their friends + because of our own low income we did only had to pay about 5 pounds a week.
1st daughter left school at 16 + got a full time job a month later so maintenece no longer applied for her.
2nd daughter left school a year later + went to college for about 6 months,but left after about 6 months as she didnt enjoy it,she was living almost all of her time with her boyfriend,although by the sounds of it her mother was still claiming she was living at home.
The letter we have recieved is claiming 3 years back payments at figure we dont agree we should have been paying + we know for a fact she wasn't at home
When OH phoned them to querie the amount that they had as his wages(about 60 a week more) they said they took TAx Credits into account,but we dont recieve working tax just Child tax for our 2 children.
My point is if we didnt have kids together in the first place they couldnt take this amount into account,so the money I recieve for our 2 is being penalised Is this right.

I have no quarms about paying for his first 2 if we owe it just my kids money being used

Sorry so long winded
Mfit member no 13 original balance £44000 :mad:
current Mortgage balance 13537:T
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Comments

  • shell_542
    shell_542 Posts: 1,333 Forumite
    Yes they do take tax credits into account. I don't agree with it either but the CSA have deemed it OK so there's very little anyone can do about it. It has been said that Tax Credits will not be included when the NEW CSA comes into play in a couple of years time. A bit late for lots of people though.
    August GC 10th - 10th : £200 / £70.61
    NSD : 2/8
  • amazamum
    amazamum Posts: 287 Forumite
    When assessing these claims are they surpose to take our mortgage + other household bills we pay into account before they get the percentage from OH's weekly income ?.thanks
    I wouldn't care but I feel we are being penalised due to the fact that We both work part time,If I had stayed at home to look after our 2 kids together we probably wouldn't be going through this now.
    So she was able to sit at home raising her 3 kids by her second relationship + I had to work + raise mine.
    Mfit member no 13 original balance £44000 :mad:
    current Mortgage balance 13537:T
  • shell_542
    shell_542 Posts: 1,333 Forumite
    What system is your partner on? CSA1 or CSA2? That will make a difference to whether your outgoings are included.

    Also who earns the most out of you and your partner, or do you both earn the same?
    August GC 10th - 10th : £200 / £70.61
    NSD : 2/8
  • amazamum
    amazamum Posts: 287 Forumite
    How do you know whether u r on Csa 1 or Csa 2 ?
    Although we both work the same number of hours(under 25 each),I earn about 60- 80 pounds more a month than him,due 2 premium hours.
    Thanks
    Mfit member no 13 original balance £44000 :mad:
    current Mortgage balance 13537:T
  • shell_542
    shell_542 Posts: 1,333 Forumite
    edited 14 August 2009 at 9:42PM
    Cases started before 2003 will be CSA1 (unless they were closed down and started again after 2003) and after that CSA2.

    Do you get working tax credits? All child tax credits are taken into account but as you earn more than your partner, no working tax credits will be taken into account.
    August GC 10th - 10th : £200 / £70.61
    NSD : 2/8
  • amazamum
    amazamum Posts: 287 Forumite
    I think we must be on CSa 1.
    We dont recieve any working tax,just child tax.
    My OH queried that because I am classed as the higher wage earner,even though not be alot I recieve the tax credits even though both our names are on the claim form,they didnt seem to know what to say about that.
    they r going to phone him back beginning of next week.
    It just annoys me the fact that my kids r being penalised while at the time his ex was getting more on benifits etc that we were working
    Thanks
    Mfit member no 13 original balance £44000 :mad:
    current Mortgage balance 13537:T
  • shell_542
    shell_542 Posts: 1,333 Forumite
    As you are on CSA1 then they will take your mortgage into account. It's quite tricky how they calculate it but you could have a look here for some information ...

    http://www.childsupportsolutions.co.uk/nrp-calculation.htm

    I'm not 100% sure how calculations work for CSA1 so hopefully someone in the know will come along with more information.

    With regards to the tax credits being paid to you, it doesn't matter as it will still be a joint claim in both your names.

    It annoys me too x
    August GC 10th - 10th : £200 / £70.61
    NSD : 2/8
  • amazamum
    amazamum Posts: 287 Forumite
    Thanks Shell_542,I have printed out the information + will get OH 2 take a look.
    We only just manage our bills between our wages as it is + live on the child tax credits week 2 week,but I am worried as they will probably tell him he has to pay it back at an amount that we cannot afford(could probably only manage about 20 a month unless we get a loan 2 pay it off).
    Really it is him word against hers in regard 2 when his daughter left home,even though we know for a fact she wasn't there for at least a year before ex says she left
    Mfit member no 13 original balance £44000 :mad:
    current Mortgage balance 13537:T
  • chriszzz
    chriszzz Posts: 879 Forumite
    I dont claim to know much about csa but reading all the problems that ppl are facing is mind boggling to say the least!!!
    right let me get this straight??
    A single woman who has children from an ex, who may or may not get maintenance for her children, meets up and lets new partner move in who has children to his ex, he is already paying csa for eg 100 a month but when he moves in with new partner and they take into consideration her wages and any tax/child tax that they now get as a couple, and his new maintanance payments are now eg 150 a month, if this is the case, surely that cannot be right!!!!
    Why would any woman want to deprive her own children so that her new partners children benefit from her and children moneys and yet his ex could have a partner who has no children who is contributing to the family income.
    Hey!!! something not right going on with the english system!!!!.... no wonder ppl are hesitant to declare that they live together.
    Think I will defo educate my son about the english laws on fatherhood and if his marriage fails, then he has lost all rights as a man, as a father because the ex (if vindictive) can dictate for as long as this country thinks only women are the best parents!!!!
  • amazamum
    amazamum Posts: 287 Forumite
    chriszzz in our case my OH had 2 DD with his ex + I had no children when we got together.
    We went on to have 2 children together + she had another 3 by her new partner,she later split with her partner so had 5 shildren in her house,she got by on benifits etc,which was more than we were earning between the 2 of us.
    They are not taking my income into it thank god even though we r now married but r taking my child tax credits into account.
    We know that she is lying to the Csa but cant prove it,it has taken them a long time to get in touch with her thru her ignoring letters etc,yet my OH is always on the phone trying to sort it out.
    He is not disputing any money he has 2 pay,they r his daughters just the amount + time scale + tax credits money
    Mfit member no 13 original balance £44000 :mad:
    current Mortgage balance 13537:T
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