Reducing liability to ex by 3.5%

mitchaa

I have a work colleague who has 4 children, 2 with his ex and 2 with his girlfriend. He has no contact with his ex and doesn't see his first 2 children.

His CSA liability to his ex is 16% of his salary (20% minus 4% discount for his two)

He has just claimed to have split up with his partner so that there are now 2 CSA claims against him. As the CSA maximum is 25%, his liabilty drops to 12.5% for each claim. Of course, 12.5% is getting paid straight back to his partner, so he has reduced his liability to his ex by 3.5%

I have told him I believe this to be illegal but he was arguing the point that why should his CSA liability for his first 2 be 16% of his salary but for his current 2, only the 9% remainder of his 25% so he didn't seem to care if it were illegal or not.

Is it fraud? It certainly is for someone claiming to be single and fiddling benefits, but as this is not a benefits issue, is it the same? Who would investigate his relationship with his partner and find out if they really were seperated or not? He has no contact with his ex so she would be non the wiser. I guess he is breaking the rules but it raises the question that the CSA appears to be flawed in the way they carry out their calculations. Each set of children in my opinion should be given exactly the same.

Interesting, I thought so anyway

N71

Yes, I suppose it is fraud.

But are they just pretending to have split up for CSA purposes, or are they also telling benefits/tax credits that they've split up?

CSA/BA & TC's all share information - so it could be noticed!

mitchaa

N71 wrote: »

Yes, I suppose it is fraud.

But are they just pretending to have split up for CSA purposes, or are they also telling benefits/tax credits that they've split up?

CSA/BA & TC's all share information - so it could be noticed!

He earns the same as what I do so he wouldn't be entitled to any form of tax credits. Stealing off the government and commiting benefit fraud is a whole different kettle of fish to personal child maintenance contributions.

Purely for CSA purposes.

N71

But is the partner he's pretending to be split from earning lots? Or could she be pretending to be split for Benefits/Tax credits, as she'd be entitled to more as a single parent?!?

mitchaa

N71 wrote: »

But is the partner he's pretending to be split from earning lots? Or could she be pretending to be split for Benefits/Tax credits, as she'd be entitled to more as a single parent?!?

Ah got you,

I highly doubt it as they would then be commiting a criminal offence by stealing from government funds. As said, benefit fraud is a whole different kettle of fish and I'd be highly surprised if they would do that and create unnecessary attention. Highly probable they would get away with the CSA stuff, but highly improbable they would get away with benefit fraud.

Certainly possible and he wouldn't tell me if he were, but I very much doubt it. He just appears to be bitter at his ex and the CSA's ''unfair'' system.

Kimitatsu

Legally it is fraudulent, he has made a false claim to the CSA and they can check his status by a variety of means (linked financially etc etc) if they suspect that he has given them false information to reduce his laibility.

Will they suspect, probably not unless the first parent decides to appeal the decision and do some digging of her own. If she is able to prove that they are still in a relationship and have been all along then criminal compliance will come into force and there can be penalties imposed for fraud and interviews under caution.

Morally however is a whole different kettle of fish

At the end of the day you can only advise on his rights and responsibilities, he is an adult and therefore must choose his own course.