Arrears help...

Chipmunk27

Long story, I'll try to condese it a little! I'm NRP's partner.

NRP has 3 children with ex. CSA involved since 2006, and it's been one c*** up after another. NRP has changed jobs a couple of times, been ill, and now settled, CSA informed each time. Last change notified in writing along with a reuquest for information, which they provided. They are now trying to take DEO from previous employer, even though they were told months ago by us and employer he had left (we have proof they knew this). So now there will be even more arrears that NRP is liable for. We have a baby, so they will have to allow for this, but i can see them taking 40% of his net, and leaving us with about £50 a month after just the mortgage. No spare for bills, food etc, and a baby in the house.

Has anyone managed to negotiate a lower repayment than this arbitrary 40%? We can (just) afford £150 towards the arrears, and the normal payment, they are going to take at least twice that.

Also, is the 60% protected earnings 60% of his net income, or 60% after the allowance for our child (so 60% of 85% of his net?)

I'm worried sick about not being able to afford to pay the bills, and eat. We aren't extravagent - no sky tv, no fancy holidays, but have a large mortgage from their divorce, and very little we can cut back on.

Any ideas?

Thanks

NACSA_CHAIR

DEOs are very difficult to challenge, and you almost have to plead to their better nature to try and get amounts lowered, use the complaints process if the caseworker is not very accommodating. The problem is that the DEO will collect at 40% whilst there is debt on the account, so its critical that you verify if the debt is correct. Unfortunately if there is high level debt, they will want high level repayments to clear it.

The DEO will have a Protected Earnings Rate, which in your case will be 60% of your hubbys net income.

You mention that you have a baby - does the current assessment take that into account? if not you may want to consider whether its worthwhile reporting this, as a child will bring a reduction in your available income for CS calculation

I do think you need to secure a copy of your data protection files, as you may need to rely on them in the future to prove whether or not the various changes of employments were reported and acknowledged. There is a draft letter on our website https://www.nacsa.co.uk which you can download to make the request for the files. It may take a while for them to arrive so ask for them now in case you need them as you work through the case.