What will happen if he has no work?

Kimitatsu

As she is on benefits then a case would automatically have been opened for her under CS1 when his daughter was born. She would have been asked the identity of the father at that stage, and I would imagine she has "forgotten" to give it to them. After a certain amount of time many cases are closed due to no contact (I had this :mad: and had to open a new claim which did me no favours at all) which would mean that the new claim would be under CS2.

I agree that he needs to stop paying her cash, bank transfer would be a good method because he then covers himself as it is recorded and it is up to her to declare it as income. If he is not earning anything under CS2 then he is not liable to pay, any other laibilities are 15% of his net income after tax, NI and 50% of his pension contributions and the 15% that is deducted for your child.

speedster

Kimitatsu wrote: »

As she is on benefits then a case would automatically have been opened for her under CS1 when his daughter was born. She would have been asked the identity of the father at that stage, and I would imagine she has "forgotten" to give it to them. After a certain amount of time many cases are closed due to no contact (I had this :mad: and had to open a new claim which did me no favours at all) which would mean that the new claim would be under CS2.

I agree that he needs to stop paying her cash, bank transfer would be a good method because he then covers himself as it is recorded and it is up to her to declare it as income. If he is not earning anything under CS2 then he is not liable to pay, any other laibilities are 15% of his net income after tax, NI and 50% of his pension contributions and the 15% that is deducted for your child.

not strictly correct there i'm afraid.

the csa do not have the legislation or power to close any cases or write off any debts. especially when it's owed to the SOS.

the OP could well get a bill for tens of thousands of pounds through the door and end up with a LO, charging order, bailiffs and committal proceedings.

be under no illusion. they can and will take these measures to recouperate monies towards the benefits bill and to boost their bonus'.

Loopy_Girl

Where does it say that there is even a CSA case on the go? It's a private arrangement

shell_542

Loopy_Girl wrote: »

Where does it say that there is even a CSA case on the go? It's a private arrangement

I was wondering the same. And isnt the NRP only liable for payments from the time they are contacted, not when the PWC contacts the CSA.

i_hate_the_csa

shell_542 wrote: »

I was wondering the same. And isnt the NRP only liable for payments from the time they are contacted, not when the PWC contacts the CSA.

It's the other way round shell 542

shell_542

i_hate_the_csa wrote: »

It's the other way round shell 542

I'm sure I have seen Kelloggs comment on here that it is from the time the CSA contact the NRP. Kelloggs used to work for them.

speedster

Loopy_Girl wrote: »

Where does it say that there is even a CSA case on the go? It's a private arrangement

please re-read the posts.

she's on benefits and has not declared father's info. in which case, there will be a case.

they'll ignore her benefit fraud and he'll end up paying again.

as i am. :mad:

LizzieS_2

speedster wrote: »

please re-read the posts.

she's on benefits and has not declared father's info. in which case, there will be a case.

they'll ignore her benefit fraud and he'll end up paying again.

as i am. :mad:

That is my concern, except I'm not sure whether she would have declared his details as part of her claim.

As they split up 8 years ago, it would fall under csa1 (assuming she was on benefits then as it appears). From the benefits side, she could refuse to name the father and have her benefits reduced (40% reduction? and it would certainly include a reducation to the child elements which are roughly equivalent to todays tax credits).

I agree with other posters that the relevant date is the date of contact with OP's partner, but I am also aware of post not arriving (entirely possible for a MEF to be sent 8 years ago to a valid address and genuinely not be received).

I don't know what to suggest for the best, other than to make sure any future payments are by bank transfer to her account and marked child support.

i_hate_the_csa

shell_542 wrote: »

I'm sure I have seen Kelloggs comment on here that it is from the time the CSA contact the NRP. Kelloggs used to work for them.

The ex asked for a reassessment in May 2005.The CSA didnt act/inform me till December 2008,leaving me with arrears of £9000.If you are right i dont have any.

shell_542

i_hate_the_csa wrote: »

The ex asked for a reassessment in May 2005.The CSA didnt act/inform me till December 2008,leaving me with arrears of £9000.If you are right i dont have any.

You've misunderstood. I'm not talking about reassessments. I am talking about the initial set up of a CSA case. They do not backdate payments to the day the PWC first contacts the CSA, it is from when the CSA contact the NRP. Sometimes it takes them days, months and even longer to send out any correspondence. The same does NOT apply for reassessments.

Going from the info the OP has given, there is no CSA case. Just a private agreement betwween the PWC and NRP so unless the CSA have evidence on their files of a case being ipened and correspondence sent to the NRPs address at that time or evidence of speaking with the NRP ... there should be NO arrears as there isn't a case.

If the PWC went to the CSA now, payments would only be due from the time the NRP was contacted.

But for all we or the OP knows, tthere may have been a case opened years ago and the NRP and PWC came to an agreement outside it or the CSA sent letters to the NRP with evidence on the files but they didn't get to him. That's what Lizzie was referring to.