csa stopped payments as didnt earn enough now reassing

mumof2._2-2

Hi all
i hope some one may be able to give some advise... my husband was paying maintenance to his ex inc back pay (when they split he had 50 % care to his child so they decided it was quits no money to bepaid by either of them any thing the child needed they paid 50/50 for this worked well till he got a job that took him away for 1/2 wks at atime he did start to give her money but she wanted more so went to csa).

Basicly he was assessed by the csa and was told on what he earned he had to give her £150. per mth (he has 1x chil with his ex) we then had our eldest abd his payments went down to £145. per mth.
we then had our youngest but never told the csa!!! then the recession hit i was made redundant (i only worked 10 hrs pwk but it helped buy stuff for the kids etc)

he works in sales and so relies on commission to topp his money up.. he's take home pay is going down month by month as pepple are not spending like they were so we called the csa to tell them....
they reassed him and said that he does not earn enough and taking into account that he was OVERPAYING for 4 yrs (casuse we hadnt told them obout our 2nd child) he now owes nothing but the back pay.... (his child with his ex is 14) a cout order is taking £140 out of his wages for the back pay but only if he is left with £1125. after they take their money.... since that agreement was put in to place they have not had a penny as he hasn't even earnt that.... that was 5 mths ago (but in the mean time the amount he owes keeps rolling over to the next mth) we hav now had a call from the csa saying his x wants to have him reasessed and they are sending out the forms we have a morgage to pay.. how much can they take..

My husbands take home for the last 3 mth has been £1067. inc commission we have two children under 6 and our morgage is £500. concil tax is £120.. + the other bills like gas/elec/wtr etc i am now working again part time and this pays for our food. can they take more from him..
his ex seems to be ok still single yet can afford to go allinclusive hols each yr and has all the mod cons... our hol (the first since our kids were born )this yr was a wk away at my cousins 4hs drive away...

shell_542

When was the original case with the CSA opened? Before or after 2003?

mumof2._2-2

the original was opened in 2005... then stopped about 4 mths ago...

shell_542

I'm not sure what will happen with regards to the court order sorry, hope someone can come along and help.

But with regards to the regular child support payments, they will take your partner's average NET income, possibly the tax credits you receive in the household too (have they asked for this information?) ... they will then reduce it by 20% first for the 2 children living with him ... he will then pay 15% of the remainder as child support to the ex.

The CSA can take a maximum of 40% of the NRPs NET income to clear maintenance and then arrears on top, so that should be the worse case scenario (and it's pretty bad).

They do not take into account any outgoings you have. They will expect either the 15% or 40% regardless of whether you can afford it or not.

mumof2._2-2

thanks (i think)... They have asked who gets the child benifit and thats it( we get anyothers)... i only work the 1 day my husband has off so we hardley see each other... what really gets me is the fact he will/wants to pay for his child he would also like to she him but his mother stopped the access to him when his csa payments stoppped we have it in black and white no money no acess ... if the csa in the worst case take the 40 % we will be in big trouble our morgare takes up half his wages... the rest is taken by the c/tax elec/gas /wtr hosue ins etc how can the csa take that sort of money from people... if they do that to us they will be putting us and the kids out on the street.. i dont think the bank will acept "we had to pay the csa instead of you" as a good excuse for not paying the morgage.... fingers crossed that the case manager has some brains/compassion....
I understand that the csa are there for a reson but his ex goes abroard evey yr has all the mod cons their dauughter has all the latest in fashion etc goes to the cinema every wk has b/days parties with discos each yr and to top it all she dosnt work!!!where does that make sense she can afford to do more that we can ... my husbad works hard to keep a roof over our heads and it can all be taken away but one persons decision, it makes me so angry my kids can loose the roof over their heads and there's nothing i can do about it...

gratefulforhelp_2

mumof2. wrote: »

but his mother stopped the access to him when his csa payments stoppped we have it in black and white no money no acess ...

She can't mix the two, can you go to mediation?

if the csa in the worst case take the 40 % we will be in big trouble our morgare takes up half his wages... the rest is taken by the c/tax elec/gas /wtr hosue ins etc how can the csa take that sort of money from people... if they do that to us they will be putting us and the kids out on the street..

Not comment on your particular situation, but people have to consider whether they can afford subsequent children when relationships break down.

shell_542

gratefulforhelp wrote: »

Not comment on your particular situation, but people have to consider whether they can afford subsequent children when relationships break down.

I understand where you're coming from Grateful, but I would imagine most people, regardless of children, wouldn't be able to live on only 60% of their wages. A lot of people's bills would probably take up most of that. It is rubbish mumof2, sorry.

How much does your partner have left in arrears? Do you know?

mumof2._2-2

To gratfulfor your help .... when my husband got the call from the csa he told them that..a nd they were not intrested... she wont go to mediation shes changed he house number so we can call if we call her mobile it rings and she lives a 90 mile round trip away (she moved about 4 yrs ago.. my husband was the one driving to her house getting their child and bringing him to ours for the week end i used to look after him on sundays while my husband was a work then he would drive him home after tea.. I dont think his son wants anything more to do with his dad (im not sure what his mother has told him he dosent call his dad anymore not even to ask for money to go out (he would call about once a moth for money) my husband never got a fathers day or bday card and when my husband sent him a card for his bday it was sent back!!!
so dont think its even worth trying to...

mumof2._2-2

Shel_542 the arears ar based at what he was paying before the payments stopped and have been backdated to when there son was 2 (the age they split) at the moment its 12k but they add intrest!!!

shell_542

Are the arrears definitely correct? Were they backdated to the day that they first contacted your husband? Or have they backdated it further?

bdt1

You really need to ask in writing, and send recorded delivery for a full account breakdown and audit of the account, you need to see if there are any interim assessments in place, which can carry penalties.

If the arrears figure is 12k and CSA are taking nothing at present, this debt WILL be enforced soon, the course of action is usually a letter asking you to pay in full, a call asking you to pay on credit card (after they check available credit you have), then a Liability Order, followed by CCJ, and charge on your home - oh and the bailiffs.

Not trying to scare you, just from experience, please be prepared. They will enforce the debt.

Some MP's are a useful contact as they have a Parliamentary hotline with regard to CSA, so can get answers quickly, but some better than others (ours was useless). Also maybe worth a subscription to NACSA, they are true experts, and you can suscribe for a monthly fee (think only tenner or so), they are a very good contact to have.

Good luck