CSA, Both parties have a private agreement but CSA demand arrears payments!!!

WhiteDK

CSA, Both parties have a private agreement but CSA demand arrears payments!!!

Afternoon all, i'm new here but have been browsing for a while, lots and lots of helpful members on here it's amazing!!

I'm 21 and the eldest child in the family. Dad lives away and i live near my mum. Csa have sent both them a letter stating a payment of £410 per month to be paid and a detachment of earnings applied to my dads work for this. Mum has just left her 2nd marriage and has a house on benefits, where my brother and half sister live. This csa case is connected to my 15 year old brother that lives there. Out of the £410 a vast % is arrears payments. However after nearly 8 years csa have popped back on the scene demanding monies that are ridiculous and aren't affordable. Mum and Dad don't speak but i always act as a medium between the two. Dad is more than happy to pay directly to my mum each month and my Mum is happy for this to occur, Obviously she will have to inform the housing benefit and the like so they can adjust payments. BUT CSA are not happy with this? They want the arrears paying! Why? I do not understand as both parties wish to close the case with csa,but they will not let this happen.My Mum and Dad have spent alot of hours today and yesterday on phone to belfast trying to sort it out as neither want to use CSA. This is starting to cause upset within the family on both sides and it's affecting me and putting alot of stress on me.

Is the a way out?Can both parties sign something to cancel the case?Arrears has never been paid to my mum therefore why do csa need it?

Any help/advice welcomed

tek-monkey

I may be wrong, but I always thought if the PWC is on benefits then the CSA get involved automatically to ensure that they only get what they are entitled to. No idea on where they get the figures from, but I can understand the theory behind it.

shell_542

Why are the CSA saying the arrears are payable? Is it because your Mum was on Income Support at any point up to October 2008 and so the moneys she was receiving directly off of your Dad, some were actually owed to the Secretary of State. Before October 2008 you couldn't have a private agreement if the Parent with Care was on Income Support.

If this isn't the reason, normally a PWC can ask for arrears to be cancelled if they think either they are wrong or just don't want the Non Resident Parent to pay them. What reason are the CSA giving that they must be paid?

tek-monkey

Very good point, arrears should only be covering periods she was on benefits surely?

shell_542

It's quite a common problem it seems pre-2008. PWC and NRP came to a privcate agreement when the CSA case was running in the background, without being closed down properly or they were told the NRP was paying PWC directly ... PWC is claiming benefits but either doesn't realise they shouldn't have a private agreement and shouldn't be receiving all maintenance over £10 or £20 a week or knows and is committing benefit fraud ... few years down the line, CSA decide to somehow look into an account for whatever reason, realise the PWC was on benefits so shouldn't have had a private agreement ... tell PWC that if they were paid directly they would have to pay back moneys owed to the SOS ... PWC (a lot of the time) decides to state she hasn't received any money during that period and NRP is demanded to pay the money AGAIN.

Of course we only hear stories when an NRP is being asked to pay again, so the PWC is denying receiving payment ... as a PWC is hardly going to log into a support forum and admit to committing benefit fraud and whine that they have to pay it back lol

WhiteDK

shell_542 wrote: »

Why are the CSA saying the arrears are payable? Is it because your Mum was on Income Support at any point up to October 2008 and so the moneys she was receiving directly off of your Dad, some were actually owed to the Secretary of State. Before October 2008 you couldn't have a private agreement if the Parent with Care was on Income Support.

If this isn't the reason, normally a PWC can ask for arrears to be cancelled if they think either they are wrong or just don't want the Non Resident Parent to pay them. What reason are the CSA giving that they must be paid?

Thanks, Mum was married and with my step dad from 2000 until march this year and would not have been on income support and did not receive monies from my Dad during this period. Only since March has Mum been claim IS.

Now since she has been on her own Dad has agreed to pay towards my brother monthly which is their OWN agreement, then 2 weeks later CSA letters arrive. Neither party have instructed this which is more upsetting as everyone was just getting lives back on track.

Thanks D

shell_542

WhiteDK wrote: »

Thanks, Mum was married and with my step dad from 2000 until march this year and would not have been on income support and did not receive monies from my Dad during this period. Only since March has Mum been claim IS.

Now since she has been on her own Dad has agreed to pay towards my brother monthly which is their OWN agreement, then 2 weeks later CSA letters arrive. Neither party have instructed this which is more upsetting as everyone was just getting lives back on track.

Thanks D

Sorry to be nosey but is she declaring the child support now? She doesn't want to get into trouble.

So she should be able to ring up and ask for the arrears to be written off. Posters have done so on this forum before. She just needs to tell them that he paid the moneys they are demanding by a private agreement. What are their reasons for not taking any notice? Why are they insisting the arrears are paid? Or are they not telling them?

Sounds like they could do with contacting an MP or NACSA (google NACSA).

WhiteDK

shell_542 wrote: »

Sorry to be nosey but is she declaring the child support now? She doesn't want to get into trouble.

So she should be able to ring up and ask for the arrears to be written off. Posters have done so on this forum before. She just needs to tell them that he paid the moneys they are demanding by a private agreement. What are their reasons for not taking any notice? Why are they insisting the arrears are paid? Or are they not telling them?

Sounds like they could do with contacting an MP or NACSA (google NACSA).

Yes everything is declared now and was before. Last time Dad was paying was like 5 years or more ago. But he hasn't paid the monies CSA are asking for to my mum. Mum has never in that time frame received monies from Dad via csa or via private methods. Therefore csa have not had to pay out to my mum either. Mum was working and being supported by my step dad(which now isn't the case) Mum rang them up and demanded they shut the case down and the woman said "oh but you are entitled so this amount now so why don't you take it?" lol they are a joke, they should just listen like human beings to what is being asked. |GRRRRRRR

DX2

Your mother must have been on Income support before the CSA got involved, as this was pretty standard practice before the rules were changed.

If as you say she wasn't how did the CSA become involved?

WhiteDK

DX2 wrote: »

Your mother must have been on Income support before the CSA got involved, as this was pretty standard practice before the rules were changed.

If as you say she wasn't how did the CSA become involved?

When they split 11 years ago i assume she was on it? I don't know i was only 9 at the time.

DX2

WhiteDK wrote: »

When they split 11 years ago i assume she was on it? I don't know i was only 9 at the time.

So the case appears to have been left open, and the CSA have started going through old cases and chasing them up.

In a previous post you say your mother phoned and asked to close the case, did she ever get written conformation of this?

She could also ask for her DPF file to see if there is anything logged in it about that phone call.