Wits end.........................

Swampie_2

Hi, Just wondering if anyone would have any ideas that would help us. My hubby is self employed and has been for 12 years. He pays CSA payments for a 15 yr old child, who he only found out existed 10 years ago. We consulted s solicitor 'cause they were asking for £16000 arrears. The solicitor basically said he had no idea where they were geting their figures from and said his costs were spiralling and he was getting nowhere. So we paid up. We now have a mortgage, increased living costs for him cause he's paying for flights, accomodation etc, and we have a 19month old and a 5 month old. I have recently gone back to work just to help meet the CSA payments (£460 pcm) It's just soo hard! I am on my own all week and I also look after my elderly parents (Dad has dementia and epilepsy, mum has a heart condition, is partially sighted and partially deaf and can't walk unaided - needs a hip op) I'm finding it really tough. Does this CSA payment sound right? It hasn't changed for years and we're terrified of challenging it in case they ask for more. Also applied for family tax credit back in May and haven't receved an award. Any ideas on how to cope with the kids, parents, time management, CSA and Tax Credits would be greatly appreciated. I'm at my wits end.

lil_me

CSA payments should be 15% of his net income for one child. For payments of £460pcm thats net earnings of about £36/37k ?

With your parents what other support are you and they getting ? Sounds liek you're taking a lot on your shoulders, especially with 2 young children to care for, plus working.

Paying for flights etc ? Sorry is that for work ? Shouldn't he be able to claim a lot of that back through the business ?

I would also contact the tax credits office ASAP and chase up that claim.

If you work under 16 hours per week could you claim carers allowance for looking after 1/both of your parents. I know it is only paid once regardless of how many you care for but may help.

Swampie_2

Yes, the flights are for work but we can't claim them back til the end of the next tax year. The tax credits office just keep telling me that I should get an award any day now-they've been telling me that for months now. We are paying more than 15% net income, but they say it's because we owe so much in arrears. Can they do that, do you think? My mum and Dad get DLA but they pay my brother for their mortgage and rates every month. They are very proud people and would be mortified if I discussed their finances with a third party like CAB. I'm helping them out with things like having the boiler serviced and the fence fixed.

Swampie_2

Sorry, forgot to mention that Mum and Dad don't get any practical help at all. My Mum's best friend does the mornings, my best friend does the afternoons and I do the evenings. My brother stays with them sat & sun. Don't get home to my own house til 10.30ish and what with bottles and feeding etc don't have a lot of time left for chasing things up. Someone to help put them to bed would be great. Not sure who to contact though. They wouldn't be too keen on the idea, but I'm shattered and something has to give.

Working 35 hrs.

lil_me

Starting off with Social Services and Occupational Therapy, both within your local council. I found the OTs the most help. You might be best off contacting their GP first who can do a referal. Then also Age Concern and Help the Aged, also. Most local authorities also have a Dementia Support Service, could have a different name. Also could be worthwhile finding your local Carers Support service. http://www.carers.org/ that is the link and you can search locally. They are a lifeline for carers in my area, helping access services etc.

With the CSA, I am unsure but a friend of mine got help from http://www.childsupportsolutions.com/index.htm when he had issues with the CSA. There is another one but I can't remember the site off hand.

doelani

Swampie wrote:

We are paying more than 15% net income, but they say it's because we owe so much in arrears. Can they do that, do you think?

My hubby has owed me arrears for most of the 8 years he has been paying me CSA. The most he owed me at oen point was approx 800.00 and as he pays me 60.00 per week the CSA told me he could only pay 10% off arrears on top of that. So I get the arrears back at 6.00 per week.

I would get him to phone CSA and check this out. My hubby was assessed on old system , tyhis may ahve changed now but whatever his is paying should not cause hardship to his children he has with you.

Savvy_Sue

Social Services would be a good place for first contact for practical help: hopefully your parents will understand that it is a lot for you, with two youngsters, to be spending every evening with them. SS should be able to come and assess your parents' needs, AND your needs as a carer for them. You will be no use to anyone if you become ill: don't be afraid to say this!

As I understand it, applying for Carers Allowance wouldn't affect your parents' DLA - someone will correct me if I'm wrong! And lil_me's suggestion gave me an idea - can you claim Carers for, say, your mum, and one of their other carers claim it for your dad? Again, someone will tell me if this is possible or not.

With the CSA, does your OH accept paternity? Was he particularly hard to track down? It's perhaps a bit late to ask for a paternity test, but if in doubt, perhaps money well spent.

Also I THINK I'm right in saying that once the child leaves full-time compulsory education then maintenance is no longer payable. So that's worth keeping an eye on: whether the child stays on into education post-16. If you are not in contact with the mother, then asking for confirmation that the child is staying on next autumn wouldn't, IMO, be unreasonable.

lil_me

Unfortunately as OP works 35 hours she wouldn't qualify for carers. Even though I am sure she cares for them for the required amount of hours with what she has said. The other carers may be able to claim depending on circumstances. Sue is right, you can't burn the candle at both ends forever and do have to think 'what if'.

Yes once the child leaves full time education CSA won't be payable, but they can stay in full time ed until 19 I think it is and then would be payable. Also if the child stays with you overnight can claim 1/7th back for each night up to 50% I believe it is, worth checking.

kelloggs36

You need to firstly find out when the date of the claim to the CSA was made. This will determine the effective date of claim. If it was after April 2003 then it should be calculated under new rules of 15%. If it was calculated after then, it will be under old rules which are complicated, but not impossible to work out. Your letter of assessment should give a breakdown of all allowances under Exempt Income and Protected income sections.

Under old rules:

Average weekly income calculated (net of tax, national insurance, 50% of any pension contributions) plus any dividends etc

If self-employed it is more complicated but self-assessment form is where they usually start if they don't have accounts. The gross pre-tax profit figure they usually use, take off tax, and NI and that is net income for the year, divide up into weekly figure.

Can't get a re-assessment part-way through the year as the assessment will be done at end of your tax year, so any changes will be impacted at this point. This may be different if benefits are claimed though.

Housing costs (both capital and interest) or rent costs but not overpayments
an allowance will be given to the NRP equal to the benefit rate that year
plus child allowances for any children in his house that he is the father of and who live with you. If he is step parent, then no allowance given in this part of the calculation. No allowance for partner either here.
If you have children and you don't work, then he gets 100% of the allowance for children, if you work and it is over certain limit, then he only gets 50% of allowance
plus any family premium if you have any children living with you that are his
plus any disability premiums for children
travel to work over and above 150 miles AS THE CROW FLIES
Add this up and this is the EXEMPT income.

Assessment will be done by having calculating the required amount by age of child in question and applying certain limits to that. Then they look at the net income as calculated, taking off the exempt income and what is left is compared to the required amount. If what is required is more than the remainder of income after all the decuctions, then the NOTIONAL amount payable is what is left. If there is money left over, then a further calculation is made at a rate of 15%, 20% or 25% of the remainder and added on to the first figure.

THEN

They calculate the PROTECTED income which is calculated differently from the EXEMPT income.

Here they look at the WHOLE household income including all income from partner and all benefits (well, some may be excluded but I can't remember off hand) but it does include child benefit
They give benefit rate allowances for you as a couple
plus the child rate of benefits for any children living in the house (and here they don't have to be the NRP's children)
Housing costs - but only the interest if mortgage, and 100% rent if rent
Council Tax
plus a couple of extra things which are set rates which I don't know for this year without looking them up
Take off the total from the total income
then give an extra %
add this back on to the allowed amount and this is your protected income
then
total household income minus protected income is x.

The NOTIONAL assessment is compared to the remaining income (ie income less protected income) and if the amount is more than the NOTIONAL assessment left over, then the assessment will be the same as the NOTIONAL assesment. If what is left is LESS than the NOTIONAL assessment, then you pay the lesser figure.

Hope that makes sense!!!!!!!:rotfl:

You can see why they changed it!

Swampie_2

You are all fantastic! I feel like such a weight has been lifted from me. He was assessed under old rules and we never understood it! Going to sit down and work it out. He has never met the child, although we did apply for contact but as she was already 5 and had a 'daddy' we received a letter asking us to 'back off' for the childs sake. She is 15 and we don't think she knows we exist. My hubby refuses to take things any further, but I wonder if we'll ever get that knock on the door and what he'll say to her. As for DNA testing, I have it on good authority that the child is very like him. Both our children are his double too. In saying that, she was the result of his one and only 'one night stand' when he was 19. It took the CSA five years to track him down cause the woman only knew his name, not where he was from, age, etc. But they managed it!
I really can't express how grateful I am, my eyes were red and swollen from crying so much with frustration and exhaustion. Now they're red cause I'm touched and grateful that you have all taken the time to help! I don't feel so alone.
I've looked up the social services number to call them tomorrow and told my mum and dad and brother that we need to have a serious chat tomorrow night. I'm also going to get assertive with the tax credit people. Wish me luck. If I don't sort this out now, I never will!

peter999

Swampie wrote:

I'm touched and grateful that you have all taken the time to help! I don't feel so alone.

There's a lot of great expert advice & help on these forums in dealing with difficult problems which would take years to find otherwise.

Good luck.