can someone help with csa q's??

SilverLining_2

Im writing this on behalf of my partner.

He is currently receiving letters from the csa about how much money he has to pay his ex for their child.

We just have a few questions about a couple of things, have tried to get answers from csa but they are not very helpful.

1) What happens if the money they say he needs to pay is too much?
he needs to pay £44 per week with a take home of £350pw obviously the mortgage needs to be paid and other bills, we also have a baby together and are finding his take home money a real struggle before having to pay his ex. We have to rob peter to pay paul each week

2) Can he just carry on paying the old amount of £100 per month as his ex agreed for the last 5 years? She has since changed her mind about that amount when our baby was born hence why the csa are now involved

3) What can he do as he knows none of the money goes towards his son? It gets spent on her other 2 boys, herself and bf

4) What can he do as he is now refused access to his son? again this changed since our baby was born

5) Does receiving money from the csa change the amount you receive as working tax credits??

he is self employed but with a contracted company so his wage can change each week. Im not working at present as we have the baby and are not entitled to benefits.

If he refuses to pay that amount each week, the csa say they can take him to court, does anyone know how long that would take and what is it they would do exactly?

Can I just make it clear that he is NOT refusing to pay, but the amount the csa are asking is too much.

I know a couple of people who earn over £750 per week and they only have to pay £20 each week to the csa????!!! yet he earns £350 and has to pay £44???!!!

If anyone can help, thanks

shell_542

SilverLining wrote: »

Im writing this on behalf of my partner.

He is currently receiving letters from the csa about how much money he has to pay his ex for their child.

We just have a few questions about a couple of things, have tried to get answers from csa but they are not very helpful.

1) What happens if the money they say he needs to pay is too much?
he needs to pay £44 per week with a take home of £350pw obviously the mortgage needs to be paid and other bills, we also have a baby together and are finding his take home money a real struggle before having to pay his ex. We have to rob peter to pay paul each week

To put it bluntly, the CSA do not care if you cannot afford the figure they set. £44 a week sounds right for £350 a week take home, paying for one child and taking into account your child. It's a sad fact but the CSA are not interested in the NRP family.

2) Can he just carry on paying the old amount of £100 per month as his ex agreed for the last 5 years? She has since changed her mind about that amount when our baby was born hence why the csa are now involved

He can't as far as I'm aware. If he doesn't pay the full amount then arrears will add up.

3) What can he do as he knows none of the money goes towards his son? It gets spent on her other 2 boys, herself and bf.

Nothing. The child support is paid to the parent with care to use the money as they see fit, although it is supposed to be for the costs incurred for the child (bills/clothes/fees etc) there is no way of enforcing it. I'd also be aware of some of the responses you'll get with the accusation that none of the child support is going towards your partner's child, just to forewarn you.

4) What can he do as he is now refused access to his son? again this changed since our baby was born.

Apply to the courts. Look at the families need fathers website for some excellent advice.

5) Does receiving money from the csa change the amount you receive as working tax credits??

I'm a bit confused by this question. The PWC receiving the child support will not have their working tax credits affected, no. You paying out child support will not mean you get more working tax credits as your income at the end of the day is lower. HOWEVER, As your partner is earning and you are not, then all child tax and working tax credits you both receive will be included in your partner's income for CSA calculation.

he is self employed but with a contracted company so his wage can change each week. Im not working at present as we have the baby and are not entitled to benefits.

If he refuses to pay that amount each week, the csa say they can take him to court, does anyone know how long that would take and what is it they would do exactly?

Not sure on this, someone else should be able to clear that up

Can I just make it clear that he is NOT refusing to pay, but the amount the csa are asking is too much.

I know a couple of people who earn over £750 per week and they only have to pay £20 each week to the csa????!!! yet he earns £350 and has to pay £44???!!!

This doesn't add up when using the CSA calculator. Of an income of £750 a week, someone with one child with a PWC would be paying £115 a week child support. Either they are fibbing, you have misunderstood something they've said, they are on a different system on an old assessment (perhaps), they are self employed and fiddling the system or they have a private agreement with the PWC then I don't know how they would only be paying £22 a week

If anyone can help, thanks

I hope some of that helps. It's probably not what you wanted to hear though, sorry. I don't see the point in asking for more than an NRP can afford but unfortunately the CSA don't care.

chriszzz

I think the most important thing to remember is to always put everything in writting, keep a copy and send recorded delivery.

Anything you question or want a breakdown of ie; payments ,always do it in a way that you have evidence, If they fone you take note of time date name and content of conversation and always ask them to put it in writting, because they can say whatever they want and then deny it.

In fact I think I would never give my fone nmber so that they then have no choice but to put any correspondence in writting. you can always fone them of course but try and do it by mail.

nadine273

SilverLining wrote: »

1) What happens if the money they say he needs to pay is too much?
he needs to pay £44 per week with a take home of £350pw obviously the mortgage needs to be paid and other bills, we also have a baby together and are finding his take home money a real struggle before having to pay his ex. We have to rob peter to pay paul each week

He can always ignore the letters the CSA are sending him (lots of NRPs do so). However, by doing so, he risks:

* Committal to prison
* Driving licence taken away
* Passport taken away
* Imposed curfew
* Loss of his house (he will be forced to sell it to pay his debt
* And many more....

2) Can he just carry on paying the old amount of £100 per month as his ex agreed for the last 5 years? She has since changed her mind about that amount when our baby was born hence why the csa are now involved

His ex must agree. If she does, she must contact the CSA and close her claim.
But to be honest, your husband was very lucky to pay only £100/month for 5 years.
With inflation everything goes up!

3) What can he do as he knows none of the money goes towards his son? It gets spent on her other 2 boys, herself and bf

Well, if she does not spend money on her boy it is very unlikely that he will remain alive for much longer. If the child is not feed and clothed then he will either die of starvation or a pneumonia.
If your husband has "concrete" proof that she is neglecting their child then it is his duty to do something about it.
Perhaps the child could come and live with you.

4) What can he do as he is now refused access to his son? again this changed since our baby was born

Apply for access via the court

5) Does receiving money from the csa change the amount you receive as working tax credits??

It should not affect her WTC, or HB, or CTC. Not sure about the other benefits.

he is self employed but with a contracted company so his wage can change each week. Im not working at present as we have the baby and are not entitled to benefits.

If he refuses to pay that amount each week, the csa say they can take him to court, does anyone know how long that would take and what is it they would do exactly?

Can I just make it clear that he is NOT refusing to pay, but the amount the csa are asking is too much.

I know a couple of people who earn over £750 per week and they only have to pay £20 each week to the csa????!!! yet he earns £350 and has to pay £44???!!!

If anyone can help, thanks

The couple you speak of must be very clever!

Soubrette

SilverLining wrote: »

Im writing this on behalf of my partner.

He is currently receiving letters from the csa about how much money he has to pay his ex for their child.

We just have a few questions about a couple of things, have tried to get answers from csa but they are not very helpful.

1) What happens if the money they say he needs to pay is too much?
he needs to pay £44 per week with a take home of £350pw obviously the mortgage needs to be paid and other bills, we also have a baby together and are finding his take home money a real struggle before having to pay his ex. We have to rob peter to pay paul each week

If the claim has been made on CSA2 then he will pay a straight forward percentage of his salary with a reduction due to the children he has responsibility for in his household ie your baby. When access is reinstated this will also be taken into account.

I believe that child maintenance is seen as a priority debt in pretty much the same way as things like council tax so it is a case of either reducing or increasing your income so it does become affordable (obviously being aware that if his income increases then so does child maintenance). For example, do you have things like expensive phone contracts, a full sky type package, gym memberships etc - things that might be considered wants rather than needs (they are examples, I'm not asking you to justify anything to me) - if you feel you've pared everything down to the bone then post your SOA on the debtfreewannabe part of the boards and they can usually come up with some good ideas

Increasing income - some might say being a stay at home mum is a luxury you cannot afford if things are that tight - I worked part time in the evenings when I was a single mum so that the ex and I could share child care. Even if it is only your husband that can increase income then he will get to keep the majority of it.

2) Can he just carry on paying the old amount of £100 per month as his ex agreed for the last 5 years? She has since changed her mind about that amount when our baby was born hence why the csa are now involved

The CSA do not have the ability to amend their own assessments unless the PWC agrees to a private arrangement with you. Unfortunately it does not sound as if this is very likely but the only way of finding out is asking her.

3) What can he do as he knows none of the money goes towards his son? It gets spent on her other 2 boys, herself and bf

Report her to social services immediately - if this poor child is starving, homeless and naked while her other children, herself and her boyfriend are living it up on your £44 a week then this is nothing short of child abuse.

In this instance and if it were my child I would be going for full time care through the courts if necessary.

4) What can he do as he is now refused access to his son? again this changed since our baby was born

This may be upsetting for you and your husband but the fact that she has changed since the birth of your baby is a red herring in the options open to you.

With regards to the access issue, I would come down hard on this (assuming there are no child protection issues). If I were your OH I would make it clear that her life is going to be alot more complicated if she does not allow access than if she does. Join families need fathers as they will be able to offer helpful advice for a fairly minimal fee. Are you prepared to go all the way to court - I know I would be but it will have an expense attached to it. If it does get to court then make sure that any judgement has a punitive element attached so that if she does disregard the judgement then you can go straight back to court to get it invoked. The poster Blob will have more information about this.

Child maintenance payments and access are two separate issues in this country. Denial of one does not make denial of the other the correct response, she is in the wrong here.

5) Does receiving money from the csa change the amount you receive as working tax credits??

No

he is self employed but with a contracted company so his wage can change each week. Im not working at present as we have the baby and are not entitled to benefits.

You will be entitled to child benefit, and if you are below £60,000 odd a year, child tax credits and if on a very low income, working tax credits. As he is self employed the CSA will likely apply an average amount based on last years earnings

http://www.csa.gov.uk/en/setup/self-employment.asp

If he refuses to pay that amount each week, the csa say they can take him to court, does anyone know how long that would take and what is it they would do exactly?

Please let us know how you get along - the CSA do have draconian powers though such as taking money from bank accounts, removing driving licences etc and personally I'd prefer to keep on the right side of the law.

Can I just make it clear that he is NOT refusing to pay, but the amount the csa are asking is too much.

Unfortunately your opinion of what is too much (even if you are struggling) does not trump the law of the land.

I know a couple of people who earn over £750 per week and they only have to pay £20 each week to the csa????!!! yet he earns £350 and has to pay £44???!!!

If anyone can help, thanks

Some parents have no concept of what being a good parent is all about - however here are some scenarios how they might be getting away with this - not all of them nefarious.

Do they work cash in hand? This is fraudulent and illegal.

Have they misdeclared their income to the CSA? If this is discovered then they may be deemed as withholding a material fact and face a huge backlog of payments when CSA3 come in (the CSA will then look automatically at tax returns).

Are they on a private agreement? If the PWC is happy for a lower amount and the NRP is fine with paying that then it is no business of the CSA.

Are they on a private agreement where the NRP directly pays a sum to the child in the form of buying things directly or putting money by for them?

Sou

Edited to add to point 1 - sorry meant reducing your spending or increasing your income - sorry :0