Advice please re payments & arrears

elaine241

Hello I hope you will be able to give me some advice/info.
Long story, I will be brief!!
My 15 year old son left home after an arguement and went to live with his father.
His father has never paid support payments as he has fibbed about income and got himself assesed at nil. He has got CCJ for arrears of 11k that he was paying £20 per week. (this was all under old rules)

He has stopped paying the arrears payments and I didnt say anything as he did have my son living with him. The CSA have contacted him to re start payments. He has now stated that he will be going to the CSA for maintenance. I dont mind paying for my son but I do have a couple of questions.
1. I only work part time and get tax credits , are the tax credits taken into account as my income? I have two children living with me & pay child care.
2. My partner is self employed and doesnt earn a lot, do they take his income into account when assessing maintenance for my son?
3. Will the arrears my ex owes me be written off? or will it be a case of I pay him and he pays me?!!

Hopefully some one will give me some advice. I dont trust the CSA as they have given me conflicting advice already and they let me down for 14 years!!
Many thanks

kelloggs36

At present, they cannot offset maintenance owed against a new case, but this is currently being reviewed. So they should be getting money from him and you at the same time and passing it back and forth - they are technically two separate cases.

Tax credits will be used as your income if you are the higher earner, half if you earn the same as your partner, or not at all if your partner earns most of the money. However, CHILD tax credits (as opposed to working tax credits) will be counted as your income regardless.

Blob

This 2 case thing highlights the lunicy of the system! If they have money from one and it is owed to the other then fine but why take from both, beggers belief!!!

elaine241

Thankyou kellogs36 you have helped a lot. If I have any more questions I know where to come.

Yes Blob total lunacy!!! I think the CSa is staffed by them, I have spent 15 years being let down by them!

CSA_Help

elaine241 wrote: »

Thankyou kellogs36 you have helped a lot. If I have any more questions I know where to come.

Yes Blob total lunacy!!! I think the CSa is staffed by them, I have spent 15 years being let down by them!

If you are on talking terms you could get rid of the CSA altogether and come up with your own arangements .All it takes is for you to close the case against him and vice versa but you will need to nogiiate with your ex first .

elaine241

Thanks CAS_ help, unfortunately not possible. I left due to violence and he has not moved on , unlike myself.
One question if child tax credit taken into account and it is a joint award between my partner and myself do they consider all of the tax credit award as my income or half?

shell_542

To clarify :

ALL Child Tax Credits are taken into account as the NRP's income.

ALL Working Tax Credits (including the childcare element) are included if the NRP earns more than their partner.

HALF Working Tax Credits are included if the NRP and their partner earn the same

NO Working Tax Credits are included if the NRP's partner earns more than the NRP.

Hope that makes sense.