can csa take money from me to pay for his child?????

tia1803

right i really hope someone can help me...
i have 2 kids age 9 and 10..started 16hour a week job back in may this year...was on emergency tax till last week..got back with the kids father in july who worked a few months then signed on...he has a son of 23 who he owes csa to from when he was 3!!...well last week the child tax and working tax paid into my sole account...2k...am guessing because of me paying too much tax or something...anyway...the csa have rang my partner and said they have been in my account and can see their is 2k and are wanting money from it...which is in my bank account...to pay for his arrears to his son!!!
can they do this????

slscarborough

Working tax and child tax credits is classed as joint income so yes this can be used as income when working out child support. However I doubt they can take money from your sole account??

tia1803

is this so even though i was due this for my 2 kids and the fact i was on emergency tax for over 6 months ???...we only got back together end of july so what has been paid i would have assumed was due for underpayments for me as a mother and my 2 kids?

shell_542

You need to clarify if it was a tax repayment or a tax credit repayment. Paying emergency tax would result in a repayment of tax, which is untouchable by the CSA as it's your money. If it's tax credits, they can take some of it as it's classed as his income.

You also need to check your rights with regards to them being able to access your own bank account (unless it's a joint account, which they can access).

tia1803

its my sole account that it went in hun

shell_542

I hope someone comes along soon to let you know your rights on not having your own bank account accessed.

Was it definitely tax or tax credits?

shell_542

If it's tax credits paid it, have you contacted them to ensure the money was owed to you and what for? It shouldn't be anything to do with you paying too much tax in employment. But unfortunately tax credits can be taken off of you by the CSA.

tia1803

well its in my name and thought the 2k in tax payments was due as they had underpaid me and kids for when i was paying too much tax?

tia1803

so are you saying that i have to pay his debt to csa with my kids tax credits?

shell_542

That's the problem. I don't agree with it personally, but the CSA do take tax credits into account for maintenance purposes. It doesn't matter if it is paid into your bank account alone, the claim should (if you're living together) be in both your's and your partner's names. They count ALL child tax credits as the non residents income, ALL working tax credits if the non resident parent earns more than their partner, HALF if they earn the same and NONE if the partner earns more than the non resident parent.

Theres no way around it. It's their policy to include tax credits

tia1803

so can they demand or just take it from account then as i have been working since may as a single mum of 2 doing 16 hours and he didnt move back till july and has only between july and now done 2 months in employment