CSA advice new/old system

p9cbs

Hi there,
As the CSA are totally impossible to understand/get help/advice from, I am certain some of you knowledgeable MSE experts may be able to help!!

I have been paying for my 2 children with the CSA on the old system (they live with their mum). My new wife and I had a child recently and my wife is on maternity leave/pay. We sent the details to the CSA who reassessed me. They calculated that I no longer had to pay a penny for my other 2 children. I questioned this but they were certain this was correct as my wife was on maternity pay only and I don't earn a great wage. They sent some details showing that my ex's income with her new family was greater than ours. The CSA said they would reexamine the case next year when my wife goes back to work.

Just over 3 months on I have had a letter asking me for more money per month than I was paying before for the 2 children who live with their mum. I have done some research and think that what the CSA done was closed my case then re-opened a new one 13 weeks later and have assessed me on the new system. This makes me a lot worse off even though I now have a new baby living with me and a wife who has no income at all!! How can this be?

Can the CSA actually re-assess me in this way?

I understand on the new system they only take into account my wages, not my outgoings - is there any way I can get them to take into account my mortgage and the fact there is only 1 wage coming in?

If there really only take into account my wages - why have they sent forms asking about my wife's income and our household outgoings?

How could they possibly have assessed me as having to pay zero when our child was born and only a few months later be asking for almost £300 per month? Did they make a mistake?

I cannot get any answers fro the CSA - Can anyone help me please?
P.S I have not been allowed to see my children since the CSA's zero assessment as she refused to let me. This whole thing has actually cost me my relationship with my kids and if it is because the CSA made an error - well words can't express........
Thank-you

Debicj

It is possible that the CS1 case was closed then a new CS2 case opened, but only if the PWC requested this. This may mean that your new payments are higher than on the old case.

From my experience, it is not easy to get this done and it took me more than 6 months. If your case has been reassessed after only 3 months, it seems a bit quick. Also, the CSA should have informed you of the closure of the old case and then you should have received forms etc. relating to the new case as they would have had to ask for income details again.

Write to the CSA and ask for confirmation that you are now on CS2. Is your new assessment 20% of your income? That would indicate that it is on CS2 now.

If you are now on CS2, I don't think there is anything you can do about it. One way of looking at it is that you could have been paying the higher payments for longer if the case had been changed over sooner.

shell_542

Have a look on the CSA website and use their online calculator to see if the figure is similar as it's the calculator for CSA2.

On CSA2 they would take your net weekly income, reduce it by 15% for your child living with you and then you pay 20% of the remainder to your ex.

Is the figure higher at the moment because you have arrears to clear that were building up whilst the reassessment was taking place? (unfair that they can do that but they can and do)

kelloggs36

Once the PWC got the letter advising of a nil assessment, my guess is that she rang up the CSA and asked for a new assessment under the new rules - they advised wait 13 weeks and hey presto!

No, you have no chance of getting your case reassessed to take account of your outgoings - you are now under the new rules which exclude them. All you can do, is check to see whether they have reduced your assessable income by the 15% because of your new child.

p9cbs

Thanks for your replies.
I have checked on the CSA calculator and they have taken off 15% for our new child then charged 20% of the remainder for the pwc. I spoke to them today and they said 'tough luck' basically and the forms they have sent me asking about our outgoings are a 'mistake'!!! I still cannot understand what kind of system calculates that you have to pay zero one month then almost £300 the next. How can the way they calculate have changed so much?

I did not get a letter telling me I was on the new system now but this is irrelevent now really as they will just send one now. I was told that many people under the new system are better off - this can only be true if you are the pwc surely??!! I did read that the new system was being phased in over 5 years and payments would be adjusted during this time slowly to ensure no parties have big shocks. I wonder if this is a point they will take into consideration considering the new payment is a one third more again than I was paying in the first place?

Well, I cannot afford to pay it and they cannot get blood out of a stone. Bring it on I am up for a fight!!!

p9cbs

Hi there Kelloggs 36,
I just found this info/reply you gave to another post in July 2010. This suggests that the calculation does not necessarily just have to be based on my income but also my outgoings. As my wife is on maternity leave it is less likely that on paper I can afford to pay all the household bills as I have to pay these with no help from my partner. This could possibly be a small help in my case do you think?


I'm afraid it does and can affect the amount you pay, but it does not impact on the amount they assess you at - they are two separate things. They assess you on your income only, and then they determine if you can afford to pay it, so they then calculate a protected income which includes your partner's income details. If all allowances taken off, still leaves you with the full amount that they assessed you at, you pay in full, if however, there is a shortfall, then you pay the difference so you get a reduction. If you refuse to give the details, you pay the full amount regardless.

13Kent

p9cbs

"I was told that many people under the new system are better off - this can only be true if you are the pwc surely??!!"

In our situation as NRP and NRPP we would be much better off on CSA2 - we are paying approx double on CSA1 than we would pay if we were on CSA2 despite being able to claim for outgoings.

- So our PWC would definitely not be rushing to the CSA to close our case so that it could go on CSA2 !!

p9cbs

13 Kent,

I just don't understand the differences I think. Is it because on CSA1 both yourself and your partners wages are taken into account, wheras on CSA2 just one wage is used to calculate?

I guess for us CSA2 is costing more because there is now only 1 wage coming in with my wife on maternity leave and I, the actual father is the one working and therefore loosing 20% of his wage, plus supporting my wife and the baby. Our baby who lives with us gets 15% of my wage allowed wheras my other 2 get 20% of my wage although they don't live with me instead they live with their mum and step dad who are both working and earn far more than I do. It is just not fair!!!

Not fair - that should be the new name for the CSA - I hear they are now working on phase 3 - wonder what that is all about. Maybe they plan to take my whole wage in the future!!

DX2

p9cbs wrote: »

I hear they are now working on phase 3 - wonder what that is all about. Maybe they plan to take my whole wage in the future!!

2011

It is planned that new applications to a new 'gross income' child maintenance scheme will begin. Existing clients on the CSA current schemes will be invited to apply to the new scheme, a process that is anticipated to continue for three years.
http://www.csa.gov.uk/en/about/faq/changes-to-child-support.asp

13Kent

I don't understand it either, p9cbs, as I am not working!!

However, our CTC and Child benefit that comes to me is included as income!

p9cbs

DX2,
I had a look at the link but am unclear. Does this mean they will base the assessment on the gross pay rather than the net pay in future?? Basically meaning my payments would go up even more?? If this is the case I might as well start applying for bankrupcy now!!