CSA - time span

mermaid85

I have had a private agreement in place with dd's dad for 5 years, throughout which he has had her normally 1 night a week, although often he has been unable to and has cancelled last minute. He has always paid £120 a month. I spoke to him recently about reviewing the payments as I'm sure his wages will have increased, and I don't think he was ever paying enough - he was on about £13.5 when we split.

He has refused to provide any income details and states that he has "worked out a chart" showing that his earlier payments were higher than need be so now it is "balancing out". I advised him I would have to go to the CSA on Saturday, and he questionned who they are, yet when I again asked for income details yesterday he refused on the basis that his payments are CSA calculated!?! Advised him I will be going through them in that case, and have sent online application.

I just wondered how long this is likely to take/what happens if he refuses to give them any details? And if they are likely to look at the back payments or not?

Also, have chosen the option for them to collect - is this the best way to do it or should I change it?

N71

Have either of you been through the CSA before? It can cause problems with the CSA comp. system if you're already on their records with an old case.

If not, and you're both brand new 'customers', and he complies, it can be set up in a matter of weeks.


If he refuses to give details, they can just get them direct from his employer. If he's self employed it gets more complicated.

If its a brand new CSA case, they won't look at back payments. The case will only start from the day they first contact him.

Collection is up to you. If you don't trust him to pay regularly, it's probably better that the CSA collects. But if you go direct pay and he messes up, you'll still have the CSA to go back to to collect for you.

ankspon

If he has been paying the worst thing you can do is get the CSA involved.

mermaid85

No, we're both new to it. Although I don't even know who is employers are - I assume they can obtain this via his name/add/dob?

I would rather not get CSA involved, however due to the current circumstances I'm not sure that he will be seeing dd much anymore and will then use money to get his revenge - I only think this because when he moved out when we split he had all the utilities switched off even though me and dd were still there. The fact that he is so determined not to give me any information to check the payments, or to do so himself and give me the proof, isn't leaving much option either. I asked to see a copy of his "chart" which I am very doubtful of - as I have said, he was underpaying to start with and has already confirmed he is on more now. And he is not the sharpest tool in the box, so I know his calculations won't be up to much at all.

mitchaa

mermaid85 wrote: »

No, we're both new to it. Although I don't even know who is employers are - I assume they can obtain this via his name/add/dob?

I would rather not get CSA involved, however due to the current circumstances I'm not sure that he will be seeing dd much anymore and will then use money to get his revenge - I only think this because when he moved out when we split he had all the utilities switched off even though me and dd were still there. The fact that he is so determined not to give me any information to check the payments, or to do so himself and give me the proof, isn't leaving much option either. I asked to see a copy of his "chart" which I am very doubtful of - as I have said, he was underpaying to start with and has already confirmed he is on more now. And he is not the sharpest tool in the box, so I know his calculations won't be up to much at all.

As said, the last thing you want is the CSA involved. It should only be used for non compliance issues in my opinion. If there is a private agreement in place then you are best sticking to that. (If he evades CSA or they screw the case up, you may have a period of receiving no money) I suspect your £120 is better than nothing.

Additionally, I wouldnt be so sure that his wages have risen. We have just come out of a recession and many haven't seen pay increase in the last 3-4yrs. Some have seen pay drops, hours cut, and lots have lost their jobs.

I certainly wouldn't be confident that he is earning more.

Tell him you are entitled to 15% of his net income. (Actually it is 12.85% of his net income as he has your child 1 day per week so would get a discount of 1/7)

Just some maths for you...

£13.5k pa is £936pm take home. If he is in a pension scheme, it will be around £880pm with typical contributions.

http://www.thesalarycalculator.co.uk/salary.php

Now from the above, you are entitled to 12.85% of this figure which equates to £120pm (£936/100 x 12.85) If he is in a pension scheme the figure reduces to around £113pm.

So he may be correct in what he is saying that he has been paying too much for your child in the earlier years

I suspect even if he has had a few inflationary payrises over the last few years that the difference it makes it is going to be negligible and not worth pursuing. He may be on £15k now with inflationary payrises over the last few years. Do the maths and you're entitlement would only go up £9-10pm or so. (That is assuming payrises that millions have not had over the last few yrs. Are you certain he has done throughout this recession?)

I think you would have to be bonkers to be honest to get the CSA involved as it could potentially leave you with nothing whilst they administer the case and all for the same approximate amount.

mitchaa

mermaid85 wrote: »

And he is not the sharpest tool in the box, so I know his calculations won't be up to much at all.

Give credit where credit is due.

His £120pm contributions on a £13.5k salary are exactly what he should have been paying. (If he is in a pension, infact it's a little more than)

So perhaps he is sharper than you give him credit for

This can all go pear shaped for you, just beware. You are going to be taking a gamble using the CSA especially if you are reliant on that £120pm just now.

mermaid85

mitchaa wrote: »

I certainly wouldn't be confident that he is earning more.

I wouldn't have been if it wasn't for the fact that when I was attempting to discuss it, he said he had been paying too much when he was younger and his underpayments now are balancing it out - that's basically him telling me he is on more now!

And he is trying it on by saying he has calculated it correctly as I asked him what basis it was on and he said he didn't know what the percentages were supposed to be, and as I said, when I mentioned csa he didn't know who they were - so clearly hasn't used them or their site to calculate it which is what he has told me the next day.

He has also started leaving her with other people on his day with her which I have only just found out, and if this continues I will be restricting his time with her as she doesn't like the friends who she is left with, and their children are bullying her.

mermaid85

mitchaa wrote: »

Give credit where credit is due.

His £120pm contributions on a £13.5k salary are exactly what he should have been paying. (If he is in a pension, infact it's a little more than)

So perhaps he is sharper than you give him credit for

This can all go pear shaped for you, just beware. You are going to be taking a gamble using the CSA especially if you are reliant on that £120pm just now.

Trust me he really isn't I don't mean this offensively at all but he struggles helping dd with her homework and she is 5! I'm not reliant on the money, and it isn't about getting any more from him as I don't expect the payments will be much more. But the fact that he is being so secretive about it all and won't even discuss it 5 years after the agreement is worrying.

mitchaa

mermaid85 wrote: »

I wouldn't have been if it wasn't for the fact that when I was attempting to discuss it, he said he had been paying too much when he was younger and his underpayments now are balancing it out - that's basically him telling me he is on more now!

And he is trying it on by saying he has calculated it correctly as I asked him what basis it was on and he said he didn't know what the percentages were supposed to be, and as I said, when I mentioned csa he didn't know who they were - so clearly hasn't used them or their site to calculate it which is what he has told me the next day.

He has also started leaving her with other people on his day with her which I have only just found out, and if this continues I will be restricting his time with her as she doesn't like the friends who she is left with, and their children are bullying her.

I wouldn't be so naive, the £120pm was just a lucky guess then? I've proven to you that is all the CSA would take on a £13.5k salary.

A lucky guess perhaps but I doubt it. Of course he knows what the CSA is, he is calling your bluff.

mermaid85

Ok that's your opinion on it, but as I am the one who knows him and has actually heard him calling it the csi and asking what they do, I'm going with him not knowing. And his payments should have been £139 as he has dd less than 52 days.

missmontana

You can go through the CSA and they can do all the calculations for you, but if you change your mind, you don't actually have to enforce it all.

I found it easier to ring up and apply, have you had a confirmation that they have received the application?