csa question..........help.

denboy1

if a couple got married 14 years ago,then split up weeks later, still remained married,but seperated,can the csa take the other persons wages into account when assessing arrears.

thanks in advance.

jen_br

for CSA 2 no..

denboy1

can anyone elaborate a bit more.

is there a csa 1 and a csa 2 then,bear in mind this is 14 years ago,so what category would it fall in to and can csa1 be carried onto csa 2.

i,m confused.

Donedoingdebt

CSA 1 was for all cases up to 2003.

CSA2 was for all cases since 2003.

CSA1 calculations allowed certain housing costs before the assessment was made. They also took into account the salary of the Parent with care (PWC) & asked for the income details of the non resident Parent (NRP) & the non resident Parent's partner (NRPP) in order to carry out their assessment.

CSA2 calculations are a straight percentage of the NRP's salary with no housing costs allowed & there should be no reference to either PWC's salary or NRPP's salary.

As for the arrears, it depends on when the claim to the CSA was made.

If it is a new case, then liability will start from when the CSA first contact the NRP. There should be no arrears due before this date.

If it is a reassessment, then the change will occur from the date the CSA were requested to reassess and/or notified of any change in circumstances. Arrears will be due from that date.

denboy1

think the original date was 1996,but there is an ongoing dispute as to if the MEF was ever recieved in the first place (competant address etc).

what i really need to know is:

is the seperated partner still liable for any arrears owed (if owed at all) even though they have been seperated since 1995 and not lived together since (although still legally married)

thanks.

bdt1

Think would be helpful if you elaorated bit more, ie who is the PWC? Is it a child born from the 14yr old marriage in question, therefore whoever is PWC, their estranged partner would be liable if a claim had been made via CSA, and arrears would be due

denboy1

bdt1 wrote: »

Think would be helpful if you elaorated bit more, ie who is the PWC? Is it a child born from the 14yr old marriage in question, therefore whoever is PWC, their estranged partner would be liable if a claim had been made via CSA, and arrears would be due

sorry

married in 1995,split up 2 weeks later,the ex-partner is NOT the mother of the children in question.children are from a previous relationship.

bdt1

On CS1 the NRPP wage can be requested and if NRP and NRPP live together a departure can be granted so that NRP receives less in way of housing allowance. If you are NRP to a child/children from another more recent partner, who is not your estranged wife, then all you need to do is show proof that you do not live with the estranged wife,(and haven't for 14 years) I believe her wage etc would only be considred if you were living together.

bdt1

Also, sorry, just to add, did you at any point inform CSA you were married in 1995, and thus living with your wife? In the same breath did you inform CSA 2 weeks later that you had left the marital home? If you told them you were married and living with your wife, but never informed them you had left marital home, then as you have not informed them of a change of circs, I believe the burden of proof falls to you, as arrears will be calculated accordingly as if you still living there until you inform them otherwise of newer circs and rent/mortgage commitment etc

denboy1

bdt1 wrote: »

Also, sorry, just to add, did you at any point inform CSA you were married in 1995, and thus living with your wife? In the same breath did you inform CSA 2 weeks later that you had left the marital home? If you told them you were married and living with your wife, but never informed them you had left marital home, then as you have not informed them of a change of circs, I believe the burden of proof falls to you, as arrears will be calculated accordingly as if you still living there until you inform them otherwise of newer circs and rent/mortgage commitment etc

at this point,there was no way of knowing that CSA action was imminent,so no,no-one was informed of anything,because nothing was known at this time.

kelloggs36

denboy1 wrote: »

think the original date was 1996,but there is an ongoing dispute as to if the MEF was ever recieved in the first place (competant address etc).

what i really need to know is:

is the seperated partner still liable for any arrears owed (if owed at all) even though they have been seperated since 1995 and not lived together since (although still legally married)

thanks.

No, arrears will only ever be due from the NRP. Assuming you are not talking about the ex being the PWC but the NRPP.