CSA assessment of child support

ERICS_MUM

Apols if this has already been "done to death" on this forum, but I've had no luck searching (obviously not used the right terms).

When the CSA assesses how much the NRP should pay in child maintenance, do they give any allowances for living expenses - rent/mortage, ground rent, food, petrol etc. If not, what happens if the NRP is not left with enough money to live on ? Obviously they must have a modest lifestyle, not expecting to live a life of luxury. Would they be able to claim any benefits ?

Would the NRP be expected/required to go bankrupt in order to prove that they cannot live on what is left ?

skibadee

Depends if on CS1 or CS2...on CS1 rent/council tax is taken into consideration......other than that food/petrol etc., is not taken into consideration.....you are given a personal allowance based on income support rates.
I'm sure someone else will be along soon who can give you more information.

Caz3121

ERICS_MUM wrote: »

Apols if this has already been "done to death" on this forum, but I've had no luck searching (obviously not used the right terms).

When the CSA assesses how much the NRP should pay in child maintenance, do they give any allowances for living expenses - rent/mortage, ground rent, food, petrol etc. If not, what happens if the NRP is not left with enough money to live on ? Obviously they must have a modest lifestyle, not expecting to live a life of luxury. Would they be able to claim any benefits ?

Would the NRP be expected/required to go bankrupt in order to prove that they cannot live on what is left ?

If it is an old case on CSA1 then they do take living expenses into account.
If on CSA2 then it is a % of net - 15% for 1 child, 20% for 2 and 25% for 3 or more - leaving NRP with between 75-85% of their income.
If there are arrears then they can take a maximum of 40%.
Any benefits would be based on their income prior to CSA payments being deducted (otherwise the taxpayers would be indirectly paying the child maintenance)
I don't believe that bankruptcy wipes out any CSA debts.

JulietAmber_2

I cannot comment on CSA 1 but if it's CSA 2 - then Caz3121 is correct - they will base the percentage on your partner's net earnings plus any Child Tax Credit you receive, and possibly Working Tax Credit too. They will not care if you don't have enough to live on - maintenance comes first.
If he is PAYE, they can enforce a deduction of earnings.
It is pointless asking the CSA to consider your expenses - they won't listen.
Good luck.

gratefulforhelp_2

Even if you are bankrupt, I believe you still have to pay child support.

Kimitatsu

Under a bankruptcy order child maintenance payments are excluded from the order. So if you went bankrupt to avoid paying CM would be taken out of your income first, then money for living expenses and anything left over would be for the order.

Your household income is dependant on whether you are entitled to any benefits......perhaps you could give us some more details and we can fill in the blanks?

Is your assessment based on the system pre 2003 or post 2003 - that will depend on whether living expenses are taken into account or whether it is a flat rate system. Variations can be made for some reasons but they are few and far between.