CSA Arrears Question

kirstoff

Hi there - hope someone can help please ?
My partner (NRP) has arrears with CSA - as yet they are unable to give us a breakdown. They stem from a few years ago when my partner left his job & didn't tell the csa. So, the csa have calculated his arrears on what he earnt back then - he hasn't earnt that much money since he left that job. The csa say they cannot re-calculate the arrears even though he hasn't earnt as much (as (rightly so) they said he should have informed them he was leaving the job)
He now pays 40% of his wages via DEO.

So, my question is please : Is this correct ? Will they recalculate the arrears based on what he earnt since he left that job or is that it now ?

kelloggs36

They will calculate what his assessment was up until the point when he notified them of the change and then any other change since then from the date he notified them.

So if his old job paid £250 per week and he left it say 1 Jan 2009 and started a new one paying £200 from 1 May, then if he told CSA of the new job only, then his assessment would be based on £250 per week until 1 May and then a new one from 1 May.

kirstoff

right, ok so they will base it on his old wages until we notify them otherwise...... which he didn't until the DEO (last year) so the arrears will still stand based on his old wages.
Thanks for this Kelloggs

I have another question (or 3) - I may be confused. My partner has 3 children by 2 different mothers. 1 is older and i think is on CSA 1 as he has protected earnings. The other 2 kids are a new case ( started last year) so I think may be CSA 2 ?
Or will all kids be on CSA 1 ? he definately has protected earnings on his DEO or is this standard ?
And how are protected earnings calculated ??

shell_542

When the new case was opened last year for the 2 children, the original case for the one child would have been transferred over from the old rules and both would then be on the new rules ... or at least that is what should have happened.

With any deduction of earnings they are only [STRIKE]allowed[/STRIKE] supposed to take a maximum of 40% of the income, this protected income is standard for all DOE's and is different to the protected income on the old rules CSA cases..

kelloggs36

As Shell says, both cases should be under CS2 now, but the first case will be subject to phasing which will last for a max of 5 years when he will be paying the relevant % split between the 2 cases!

kirstoff

Thank you both !!
x

kingfisherblue

This has confused me a bit (I know it doesn't take much!). My friend is separated from her husband. He now lives with someone else. She does not have a partner. They have been separated for almost seven years, since their third child was born.

Before their three children were born, he had two children with another woman (he was married to my friend at the time - she found out later). I understand that he pays maintenece for these children. My friend contacted the CSA about four or five years ago to try to get maintenance for her own children, but was told that because he was paying for his 'first family' he did not have to pay anything for his 'second family' - even though his second family were born as a result of the marriage.

From the above posts, it seems that a NRP may have to pay for more than one family - is this correct? Does it depend on earnings? (The man in question has his own business and my friend tells me that he doesn't declare everything that he earns - whether this is true or not, I don't know)

kelloggs36

Yes he should certainly be paying for both families - it seems that she has been misinformed - money would be split between the two families.

shell_542

Yes. There are no such rules that an NRP only has to pay for their first family. It makes no difference how much he's earning. She should ring back and sort it out.

kingfisherblue

Thank you both - I will let her know. Even a few pounds a week can make a difference

Donedoingdebt

kingfisherblue wrote: »

Thank you both - I will let her know. Even a few pounds a week can make a difference

And if she has any proof of when she first contacted the CSA, preferably in writing, to be told this nonsense, there may be a case to backdate the claim from them.

Others with more knowlege may be able to confirm or deny this.