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CSA - time span

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Comments

  • Kimitatsu
    Kimitatsu Posts: 3,886 Forumite
    1,000 Posts Combo Breaker
    mitchaa wrote: »
    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.

    Sorry but this is not fair - the OP has every right to either use the CSA or make a private arrangement with her ex. From the details that she has posted she is not sure that she is getting the correct amount of money and is fearful that this may stop altogether, what would you suggest, that she waits six months to see if he will or wont pay? Hardly fair on her or her daughter

    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.

    In tha last four years I would be amazed if he has not had cost of living rises at the very least, it has only been in the last 2 years that we have seen the recession biting and people being on less money than previously. The OP has not said how old her ex is, even on minimum wage then his salary would have increased.

    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)
    Only if he has the child 52 days of the year and from what the OP has said frequently that is not the case, so I think she is probably entitled to 15% of his net income after tax and national insurance.

    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.

    OP - dont be put off, it is entirely your choice as to who you use, but if you are in any doubt that he will cease payments then I would recommend using the CSA, they have huge powers of enforcement and that way you will be clear as to what you are getting.
    Free/impartial debt advice: Consumer Credit Counselling Service (CCCS) | National Debtline | Find your local CAB
  • mermaid85
    mermaid85 Posts: 348 Forumite
    I'm not sure, I did it last night and can't check my emails from work. It seems to me that this is the only way I'm going to get the payments right - if they go down I don't really care too much as long as he is paying what he should be instead of fobbing me off with bs that it's balanced out!! Quite frankly if he chose to overpay 5 years ago that was his decision.
  • mitchaa
    mitchaa Posts: 4,487 Forumite
    edited 23 March 2010 at 12:22PM
    mermaid85 wrote: »
    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.

    What about pension provisions? Everyone should be funding their retirement and you specifically stated that he has your daughter once a week in your opening post. Now he does not?

    If he is funding his pension, (Why wouldn't he be??) then his annual income of £13,500 would only be £12,500 or so and the CSA would work on the lower figure.

    I think you're bonkers getting the CSA involved, I would hate to come along in 12mths time and state ''I told you so'' Just do your research on the CSA first as they have a habit of screwing peoples lives up through their incompetence.

    Additionally, if the CSA do pursue him, then you are likely to lose out for a few months. I would not be expecting a smooth transition. He will stop paying now, and you may not receive something from the CSA for months.

    All I am saying is be careful.
  • Kimitatsu
    Kimitatsu Posts: 3,886 Forumite
    1,000 Posts Combo Breaker
    But if he does have a pension provision in place then the CSA will take that into account - and in all likelihood on the wage he is on it will be a company pension and he will have a matching contribution.

    Stop baiting the OP and let her make her own choices, she has had opinions from both sides of the divide and it is up to her to decide.

    Any more and I will close this thread.
    Free/impartial debt advice: Consumer Credit Counselling Service (CCCS) | National Debtline | Find your local CAB
  • Kimitatsu
    Kimitatsu Posts: 3,886 Forumite
    1,000 Posts Combo Breaker
    mermaid85 wrote: »
    I'm not sure, I did it last night and can't check my emails from work. It seems to me that this is the only way I'm going to get the payments right - if they go down I don't really care too much as long as he is paying what he should be instead of fobbing me off with bs that it's balanced out!! Quite frankly if he chose to overpay 5 years ago that was his decision.

    It can take up to three days for them to acknowledge an email so if you have not heard by Friday then I would give them a ring.
    Free/impartial debt advice: Consumer Credit Counselling Service (CCCS) | National Debtline | Find your local CAB
  • mermaid85
    mermaid85 Posts: 348 Forumite
    mermaid85 wrote: »
    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?

    So no, he doesn't have her 52 nights a year!!! He actually spends a minimum of 4 weeks a year in Spain.

    As I have said, I don't care if the payments go down as long as they are RIGHT, and once CSA are involved and this has been sorted in the first place, I feel that I'll be in a better position in the long run.
  • missmontana
    missmontana Posts: 1,994 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    mitchaa wrote: »
    What about pension provisions? Everyone should be funding their retirement and you specifically stated that he has your daughter once a week in your opening post. Now he does not?

    If he is funding his pension, (Why wouldn't he be??) then his annual income of £13,500 would only be £12,500 or so and the CSA would work on the lower figure.

    I think you're bonkers getting the CSA involved, I would hate to come along in 12mths time and state ''I told you so'' Just do your research on the CSA first as they have a habit of screwing peoples lives up through their incompetence.

    Additionally, if the CSA do pursue him, then you are likely to lose out for a few months. I would not be expecting a smooth transition. He will stop paying now, and you may not receive something from the CSA for months.

    All I am saying is be careful.

    The OP is trying to do what's best for her daughter, she doesn't need to be told she's bonkers! Just because you may have had a bad experience, doesn't mean everyone will have. You have no idea what will happen, so cannot predict anything. Like she said, you don't know either of them so cannot speculate.
    Be who you are, say what you feel, those who mind don't matter, those who matter don't mind.
    They say that talking to yourself is a sign of mental illness. So I talk to the cats instead.
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The OP is trying to do what's best for her daughter, she doesn't need to be told she's bonkers! Just because you may have had a bad experience, doesn't mean everyone will have. You have no idea what will happen, so cannot predict anything. Like she said, you don't know either of them so cannot speculate.

    The OP maybe doing what she thinks is best , not necessarily what actually is best, but the rest I agree with :beer:
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