Can i get Back dated payments???

sarluk

Hi...
Just wondered if anyone could help please?

Have CSA paid from my ex for my two sons. Had it reduced 3 years ago when he had a new child and reduced again from nov 2009 when he had another child. The new amount calculated just didnt seem to add up at all...he'd gone from originally paying £490 to £350 a month after 1st new child down to £120 after last child.
Called CSA to query and the Lady i spoke to realised that my ex had not updated his income for over 7 years so the claim had been calculated on income from then. I am really annoyed about this especially as I know he has had a new job and been promoted 3 times over past few years and has always moaned and been akward with CSA payments.Its now been re-calculated from nov09 when he had second child and is now a considerable amount more than the £120 plus hes also now £2000 in arrears just from nov09 for under paying.
Anyway my question is...does anyone know if i can claim for any backdated CSA from before Nov09? He has definetly been under paying over last few years.

Thanks in advance.

Debicj

I was in a similar situation. Fortunately, I could prove that I had requested the CSA reassess my ex's income several times as I believed it had increased over the years.

I proved this by getting a copy of the records held by the CSA. It was recorded in writing, as part of the notes of phone calls I made to them and also there were copies of letters I had sent to them.

Although the CSA failed to reassess the amount, because I had requested it, they agreed that there had been maladministration and unneccessary delays and paid me compensation totalling the maintenance payments that I should have received.

Have you ever asked the CSA to reassess the amount that should have been paid? If you did, then get a copy of your records and take it from there. Unfortunately, if you never asked for a reassessment, I don't think you will get anywhere as apparently, the NRP does not have to report an increase in income.


I hope this helps. Good luck.

sarluk

Hi,

Thanks for reply. Unfortunately ive never asked for his income to be reassessd, tbh i just stupidly thought that he had to inform csa of any changes and that he had done. The amount of csa has been reassessed so many times as he's always trying to come up with reasons to get departures from paying. I just assumed without really thinking that they always had his up to date income figures everytime he'd filled in departure forms.

Thanks for advice,if i can't take this any further at least ive learnt to make sure i ask for any income reassessments in the future!

Debicj

If they have done reassessments but not used his up to date income at that time, it might be worth trying to get something done about it.

Surely if the NRP was applying for reductions using departures, they must have requested some information from him. This may have included questions about his income.

Do you have a copy of your case records? If not it might be worth sending off for them just to see if there is anything in them that may help.

Also, Kelloggs may be able to help further. She seems to know a lot about this sort of thing and is very helpful.

Something else to consider, may be for you to move on to CS2 if you are currently on CS1. If you have an idea of the NRP salary, you can work out if it would be better for you (a higher payment?). This can be done by closing down your case, waiting 13 weeks, then opening a new case. Tricky but it can be done.

PlayingHardball

Hi, I agree with Debicj, check out CSA2 to see if that works better for you.

Also......definately request your data protection files because you never know, at some point your ex may have requested a change that the CSA didn't act on.

I've gone through something similar and ex has arrears because CSA didn't act on several requests from me about changes to his income. The arrears are not excessive but the ex is appealing it and I am waiting for a tribunal. The CSA messed up and had to allow the appeal because there was a minor miscalculation from the CSA. (pence!) So, your ex just might appeal his 2k arrears, but I hope not.

I got maladministration payments twice, both for £100. Every little helps, but I'd rather they have got it right in the first place.