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Child now living with NRP - What happens now?
Comments
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CHILD SUPPORT (MANAGEMENT OF PAYMENTS AND ARREARS) SI 2009/3151
REGULATIONS 2009
Regulation 5-7
(2) The Commission may set off the liability to pay child support maintenance of
one person (“A”) against the liability to pay child support maintenance of another
person (“B”) where–
(a) A is liable to pay child support maintenance under a maintenance calculation,
whether that calculation is current or no longer in force, in relation to which
B is the person with care; and
(b) B is liable to pay child support maintenance under a maintenance calculation,
whether that calculation is current or no longer in force, in relation to which
A is the person with care.
(3) There shall be no set off in relation to any amount which if paid could be retained under section 41 of the 1991 Act.
(The last part refers to any debt due to the Secretary of State.)
NOTE: This is not as straightforward as it sounds.... I am owed over £6000 in maintenance arrears for when all the children lived with me....and I now pay £120 per month for two who went to live with the NRP.......whilst receving nothing for a child that the NRP should be paying for.... I have just been told by The Offset Team that because it would take longer than 2 years to reduce her debt to Nil by stopping my regular payments, there is nothing they can do with offsetting!!!!! Just written to my MP about it....
If they don't offset the debt, how will they get it back? She has no savings, property, etc.... so appart from offsetting, (which they can't do now) - how are they propsing to get reduce the debt? Ludicrous it is....
Surely if I am happy for it to take longer than 2 years to reduce the NRP debt, then its up to me not the CSA to make that decision???
Anyone else have this issue?
Cheers.0 -
I am owed far more than £6000 and it would also take considerably more than 2 years to clear the debt with offsetting. That rule just seems plain stupid to me.
If I am asked to pay the amount of csa the calculator shows I am not sure how I will manage.0 -
Got the dreaded phone call today that my ex has contacted the csa. I mentioned about offsetting the new assessment against the arrears but thay said it was not possible to do that. I am worried sick about how I am going to afford to make the payments. Am sitting here fighting the tears as we speak.
OH has already been looking at getting a full time job or another part time job but there arent that many about. Not sure what we are going to do.0
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