CSA Help

spirross

New to this so bare with me. I am a NRP who split with my ex in 1998. From the start i was always upfront with the CSA as was paying approx £350 per month.

I then met my new wife and we now have 3 kids of our own. Due to low wages having a mortgage and children my assessment had then been at nil. I received a bonus at work for the 1st time and due to this i was assesed again and my assesment came out at £60 per week. I appealed as this bonus was a 1 off an i won and my assesment went back down to nil. In the mean time my ex had asked for my case to be closed in Nov 08. Then back in April 09 she contacted the csa. this i know as they have made a mistake of sending me a screen print which tells me she had contacted them along with her bank details and up until this print out came through i didnt know where she lived - i do now its 225 miles away in Scotland!

The CSA then waited for my appeal to come back which stated they owed me £600.00 as the NRP and that my assesment was at nil. Then they contacted me stating i was now going on to the new rules and that i have to pay £300.00 per month.

This i find is a con as she obviously asked for the case to be closed knowing if she waited a while she could then re-open the case and get me on the new rules! Is this aloud?

My wages dont even cover the bills now as my wife is on maternity leave and we maxed out on the mortgage to get a bigger house for my 3 kids.

Now i know where my ex lives i can hardly afford the 450 mile round trip to scotland!

I also note my kids have now taken my ex new husband name without my consent. is this aloud.

Any help and advice greatly appreciated as my and my wife about to kill each other over this!

kingfisherblue

I think the PWC can ask for a case on CSA1 to be closed and then reopened under CSA2, but there has to be a certain amount of time between the closure and reopening - about twelve weeks I think. November 2008-April 2009 is obviously more than that, so it looks as though the case can be reopened under the new rules. I'm fairly certain that arrears cannot be accrued in the time from closure to reopening, though - only from when the case is reopened.

On CSA2, no housing or any other costs are taken into consideration, nor is your partner's income. The amount of children living in the same household as you is taken into account though - do the CSA know that you have three children at home? You will get the first 25% disregarded as you have three children. From your remaining income, you would have to pay 15% for one child, 20% for two children and 25% for three or more children with your ex.

Tax credits can be taken into account as part of your income, but I don't know if it is just CTC or if it is WTC as well.

Regarding the name change - do you have parental responsibility? My understanding is that if you do, the mother cannot change the name of the children without your consent, but I might well be wrong. I was married to my ex and cannot change their name.

spirross

Dont get tax credits and i have told them about our newborn back in January when she was born but still waiting for a reply from the CSA

Dont get tax credits and i am paying for 2 children.

Seems like a con knowing you can close the case and reopen it and end up with more money.

Dont know how will afford this as my wages just cover all our bills now and as advised my wife is on Maternity.

Debicj

Just a comment based on personal experience. I closed a CS1 case down and opened a new CS2 case resulting in maintenance having to be paid. This is a bit of a loophole that doesn't seem to be widely advertised and isn't easy to do. Even the CSA don't seem to like people trying this and make it as difficult as possible. However, after 9 months I managed it.

This did not go down well with the NRP or the NRPP because they had gone on to have 2 children and wanted to stop paying for the two he already had. Quite how they worked out that all of a sudden it wasn't going to cost anything for the first two to survive, I don't know.

I believe that both parents should be financially responsible for the children. I haven't had more kids because I can't afford to. Why should the two I already have, go without maintenance so that their father can have more kids when he claims he can't afford to pay for the two he already has?

If a person can't afford the children they already have, then it's definately not a good idea to have more!

Regarding the name change, if you were married or had parental responsibility if you weren't married, then the children's name cannot be changed legally without your consent. However, unless you go to court over it, your ex may get away with simply allowing the children to be 'known' by their new name, but leaving all official records in their 'real' name.

Blonde_Bint

Sorry OP, she can close her csa1 case and move it on to csa2. As Debiej says above.

The first 2 do need to be paid for, i've never understood that nil assessment. Anyway no need to go into that, all the children are here now and thats what we have to work with.:)

Would it be possible to pay your pwc direct and maybe pay less than the csa would ask just for now letting your pwc know that when your circs improve you'll be able to give more money for the 2 children with her?

kelloggs36

It is the way the formula works - when the additional child allowances are added in it can take the amount left over after the personal allowances and housing costs are taken off to nothing - hence a nil assessment. This was one of the reasons why the formula was changed to the CS2 one.

bdt1

I was married to my ex, and was able to change my ds name without my ex husbands consent, apparently this was due to fact that I did not know of his whereabouts, and he had for quite a long time not had any contact etc with children or myself. Went to see solicitor, who was happy for me to proceed with name change.

It was only in fact many years later when CSA wrote to my ex, and had put childrens new surname in correspondence, that he kicked off,(to CSA not me as we have no contact), so for CSA purposes the children are known as their old surname, everything else, the legal name change stands - trust CSA to be different

kelloggs36

At the end of the day, you still have children from a previous relationship who need supporting. It doesn't cost less because you have moved on and have other children.

kelloggs36

Aimed at the OP btw.

Honest_broker07

kelloggs,
but what I disagree with is this NRP earns £2000 PCM and pays £500 for 3 kids,
but if NRP has 3 kids with new partner £500 is discounted and he pays 25% of £1500 ir £375

so why are the 3 that live with him only need £125 a month to live on when the other 3 need 3 times as much.

the figures / system are completely unfair to the NRP's second family, and remember folks it isn't always the fault of the NRP that they don't have the kids

mumoffivekids

Honest_broker07 wrote: »

kelloggs,
but what I disagree with is this NRP earns £2000 PCM and pays £500 for 3 kids,
but if NRP has 3 kids with new partner £500 is discounted and he pays 25% of £1500 ir £375

so why are the 3 that live with him only need £125 a month to live on when the other 3 need 3 times as much.

the figures / system are completely unfair to the NRP's second family, and remember folks it isn't always the fault of the NRP that they don't have the kids

i have 5 kids living on 250 pound a week and one husbands other child getting 150 a week