CSA & Self employed

dipsy

Hi can anyone shed some light/help on this:

my partner is self employed, in 1st year so no accounts or returns done as yet.

he has 4 children, 2 with his ex wife and 2 with his partner before her.

eldest has just turned 18 but in full time education, the others are 15/9 & 6

eldest 2 childrens mum has not put a claim in with the CSA and has a good relationship with my partner

the younger 2 childrens mum does not have such a great relationship and has approached CSA for maintenance.

CSA have assessed that he is to pay £160 per month to mother of younger 2 children and they wont pay any of this to the mother of the eldest 2 children as she has not made a CSA claim.

they will give him a 20% reduction as he lives in a household with 2 children (even though they are my children not his)

They have come up with the figure of £160 as a default figure and say that they will then reassess this when he submits accounts/return next year.

Surely this can't be right? He has no income being drawn from the business at the moment and is lucky if he gets £160 from the business on a monthly basis at the moment.

How is it that they make an assumption regarding his income and what is the best way to approach to make sure he can pay, but that the money is split between both partners rather than just going to one?

He has made payments to the parent of the younger 2 children, but not via CSA and in the form of cash, however he has receipts from her confirming the money in form of email,

any ideas for the best way forward?

needs sorting as soon as possible, because until it is she is denying him access to the children

thanks in advance.

speedster

firstly, he is on a IMA. get his accountant to send the csa projected profit figures based on recent activity.

as they have no tax returns for him, they make an Interim Maintenance Assessment.

next, he will have to get the other pwc to put in a claim too, otherwise the monies he pays her will not be counted. she can always close the claim once he has been assessed correctly.

you'll no doubt be met here by the wimmin harping on about the importance of coughing up and putting yourself into poverty by doing so. if you need any help, feel free to PM me anytime.

Kimitatsu

Because they have no accounts to go on they will make an interim maintenance assessment of £30 a week until he has first year trading figures.

The calculation is correct - under CS2 he gets a 20% reduction for children in the household and then 20% of his net income. Because he has no proven income then he has the interim maintenance assessment as above.

speedster

Kimitatsu wrote: »

Because they have no accounts to go on they will make an interim maintenance assessment of £30 a week until he has first year trading figures.

The calculation is correct - under CS2 he gets a 20% reduction for children in the household and then 20% of his net income. Because he has no proven income then he has the interim maintenance assessment as above.

aye. but projected figures based on current earnings will be accepted.

shell_542

Kimitatsu wrote: »

Because they have no accounts to go on they will make an interim maintenance assessment of £30 a week until he has first year trading figures.

The calculation is correct - under CS2 he gets a 20% reduction for children in the household and then 20% of his net income. Because he has no proven income then he has the interim maintenance assessment as above.

It is not correct though because he is paying maintenance for two other children to another PWC.

He will need to ask to other PWC to make a claim as well unfortunately.

Kimitatsu

shell_542 wrote: »

It is not correct though because he is paying maintenance for two other children to another PWC.

He will need to ask to other PWC to make a claim as well unfortunately.

dipsy wrote: »

he has 4 children, 2 with his ex wife and 2 with his partner before her.

eldest 2 childrens mum has not put a claim in with the CSA and has a good relationship with my partner

the younger 2 childrens mum does not have such a great relationship and has approached CSA for maintenance.

He is not paying maintenance for any at the moment as far as I can see not through the CSA at least.

I agree it would be better for him if both PWC's put in a claim but it wont change the interim assessment - that will be divided between both PWC's.

shell_542

The way I read it is he's paying a private agreement to the other PWC. Apologies if misunderstood.

OP : When and if the second PWC puts in a claim the amount he pays will be 25% for the 4 children, or whatever figure they magic up out of thin air until he gets his end of year accounts, and split it 50/50 between the 2, so the first PWC will not get 20%, she'll get 12.5% and so will PWC2.

Kimitatsu

<H2>What happens if the non-resident parent has to pay for other children?

If a non-resident parent has to pay child maintenance to more than one parent with care through us, we work out the total amount of child maintenance the non-resident parent has to pay through us. We then share this amount between equally so the same amount is paid for each child.
The non-resident parent can make payments of the total amount through us, and we will then pass on the right amount to each parent with care. Or, the non resident parent can pay each parent with care directly.
What happens if the non-resident parent has other children living with them?

If the non-resident parent or their partner are receiving Child Benefit for other children living with them, and they pay either the basic rate or reduced rate, they generally pay less child maintenance. This is because they also need to pay for the care of the other children living with them. In these circumstances, we work out the amount of maintenance the non-resident parent should pay based on part of their weekly income, instead of all of their weekly income.

</H2>
Shell he could be but I wasnt sure either!

speedster

yes, that is an option.

although it isn't always sucessful, it depends on how greedy the ex is and if they claim the money paid direct is a "gift"

if so, you end up paying twice.

as i am. :mad:

shell_542

dipsy wrote: »

He has made payments to the parent of the younger 2 children, but not via CSA and in the form of cash, however he has receipts from her confirming the money in form of email,

I knew I got the idea he had a private agreement from somewhere :rotfl:

speedster

shell_542 wrote: »

I knew I got the idea he had a private agreement from somewhere :rotfl:

that's ok as long as the pwc admits it is child support payments. if they claim they are gifts, he could well end up paying twice or it not being taken into account with his assessment for pwc2.

i would advise anyone paying direct to get reciepts clearly marked "child support payment" or bank to bank transfer with the same reference.