CSA & Self employed

speedster

kelloggs36 wrote: »

IMAs were penalty assessments, DMDs aren't - they are only imposed on self employed so that arrears don't build up whilst they get their accounts together.

what's a penalty assessment on csa2 called then?

dipsy

so just so I am clear

he needs to ask PWC 1 - mother of older two to put in her own claim

this will then be grouped with the claim from PWC 2 - mother of younger 2

and as he has no accounts he will be assesed at £30 per week less 20% as there are 2 children living in the household he lives in, albeit they are not his children

means he will pay £12 to PWC 1 and PWC2 weekly?

Once claim is established he can then have PWC1 (mother of older 2) close her claim and he will continue to pay PWC2 the £12 a week until full accounts are available at the end of year one trading?

then if he has over paid do they adjust the figure?

also what about variations, i.e. nights he has them and the journey he does to see them and the fact he stops in b&b so they can do their weekend activities?


sorry if I am asking silly questions but all of this alien to me, my ex and I just agreed an amount and he has never missed a payment in the last 10 years and we have no issues over seeing the children, guess I need to realise how lucky I am...


thanks in advance

speedster

pwc1 may have to keep csa claim open.

all your OH has to do is top it up accordingly to keep the relationship ammicable.

pwc2 will get half of the total liability and can sit and stew on it as long as she likes!!

speedster

and don't forget to get some projected income figures put together.

dipsy

basically he has no income from the business at present, maybe £50 a week tops so not sure how he is supposed to pay them £30... what a mess

and I am sure PWC1 will put in a claim if he asks her to, I mean if he has to pay a certain amount he might as well make sure 1/2 goes to her.....

What about variations for the cost of travel and accommodation to see the children that live with PWC 2?

will that all come out of the 1/2 the pwc2 would receive?

thanks

speedster

variations for travel costs can be a minefield.

does he have overnight stays? you get 1/7th off for every night they stay in a week. this can be more of a reduction than travel costs.

as i said earlier, you need to send them projected figures. then set up a standing order based on these figures.

they will tell you that they do not accept SO, just set one up anyway. they cant get the hump and DEO him as he's SE. so they can take it or leave it. DO NOT let them bully you into setting up a DD. they'll just take what they like then.

if you need their bank details, just PM me.

Kimitatsu

speedster wrote: »

variations for travel costs can be a minefield.

does he have overnight stays? you get 1/7th off for every night they stay in a week. this can be more of a reduction than travel costs.

Yup speedster is spot on variations are a minefield!

Here are some examples but I will warn you they are difficult to prove things such as travel costs if the ex is contact blocking.

In some situations either the non-resident parent or the parent with care can ask us to take account of other factors when we work out child maintenance. This is because they think these factors might affect the child maintenance calculation. The legal term under the current scheme rules for taking account of other factors is a ‘variation’.
What factors might we take account of for non-resident parents?

If you are a non-resident parent, we might look at the amount of child maintenance again if you have special expenses of more than £10 a week, or £15 if your income is £200 or more, for:

• keeping in contact with your children (for example, if the parent with care has moved a long way away).
• supporting children who live with you who have disabilities or a long-term illness (if the special expenses are less than £10 or £15 a week, we may still take them into account).
• paying back a debt that you took on before you separated from the parent with care, and the debt was for the benefit of the family or a member of the family.
• paying boarding-school fees for children who you pay child maintenance for (we will take account of only the everyday living costs or ‘boarding’ part of the fees).
• making payments on a mortgage, loan or insurance policy to pay off a mortgage or loan on the home that you and the parent with care used to share. The parent with care and the children must still live in the house and you must have no legal interest in it.

We may also change the amount of child maintenance if you transferred property or money to the parent with care as part of a court order settlement or written maintenance agreement made before 5 April 1993. The property or money transferred must have reduced the amount of child maintenance made under the court order or written maintenance agreement. The value of your share of the property or money transferred, after taking off any unpaid mortgage or loan, must be £5,000 or more.

dipsy

Hi thanks Speedster

yes he has the children for overnight stays usually 4 nights every 4 weeks because of the distance involved, he picks them up on Friday and takes them back on Sunday every other weekend, or at least he did till she decided he wasn't seeing them anymore till she got more money.

ok so he needs to do projected figures.... i.e £50 x 52 = £2,600 /52 weeks = £50 wages example less 20% for living in house hold with 2 children?

= £40

then does he divide this between the two PWC? = £20 for each PWC?

then take off 1/7 as the (younger) children from PWC2 spend 2 nights every fortnight = 1 per week?

= £17.14 for PWC2 (younger children) and £20 for PWC1 (older children)

is this right?

and for him to be able to set up a d/d to pay this to each PWC does he need the PWC1 to apply?

why does life have to be so flippin complicated lol

speedster

no DD. they'll take what they like.

you need to set up a SO.

pwc1 has also got to put a claim in to get the £20, otherwise the whole lot will go to pwc2.

i would stash the money away until both cases are active.

Kimitatsu

dipsy wrote: »

Hi thanks Speedster

yes he has the children for overnight stays usually 4 nights every 4 weeks because of the distance involved, he picks them up on Friday and takes them back on Sunday every other weekend, or at least he did till she decided he wasn't seeing them anymore till she got more money.

This does not amount to 4 nights in 4 weeks this amounts to 2 nights. Friday night and Saturday night as he returns them on Sunday - as I understanf it they do not stay with you? That only amounts to 26 nights a year therefore there is no variation allowable

ok so he needs to do projected figures.... i.e £50 x 52 = £2,600 /52 weeks = £50 wages example less 20% for living in house hold with 2 children?

= £40

then does he divide this between the two PWC? = £20 for each PWC?

then take off 1/7 as the (younger) children from PWC2 spend 2 nights every fortnight = 1 per week?

= £17.14 for PWC2 (younger children) and £20 for PWC1 (older children)

is this right?

and for him to be able to set up a d/d to pay this to each PWC does he need the PWC1 to apply?

why does life have to be so flippin complicated lol

I would check the calculator because on those figures I made it a flat rate of £5 a week because his income is less then £100 a week, the first £100 is not accounted for. That is if they accept projected incoem figures as Speedster has suggested

See here:

https://secureonline.dwp.gov.uk/csa/v2/en/calculate-complete.asp