Change of circumstances

clearingout

Can someone help me get my head round a change of circumstances situation, please?

Ex has gone from self-employment (ltd company) to being employed by a temp agency. He has made no attempt to contact the CSA and therefore has an assessment which is, I assume, on-going on the previous salary he declared through his business. I know he is earning less now (although before he was earning more than he declared so may be it'll all even itself out!).

I have informed the CSA that I know him to be working. I can only assume they have noted this down somewhere (or not!). The ex has made a couple of small payments into my bank account and I have let the CSA know dates and amounts and will continue to do this each time I receive a bank statement.

CSA going for a Liability Order on arrears as they stand - expect this to be granted (or not) sometime in January. Ex has not made any contact with them about this.

What happens in terms of his assessment? He may well be making payments to me now that are correct (I don't know what he's earning so have no idea). Assuming he gets his head out of the sand sometime in the future, does the fact that he hasn't informed them of his change in circumstances go against him? Even if he can prove he was earning less, will the previous assessment hold until he informs them of his new salary? Or will the involvement of say, NASCA or other solicitor mean that his assessment is (eventually - when head out of sand and is in real danger of going to prison) reduced to what it should have been on the lowered salary? (Am I making any sense?!)

And what about if he were to suddenly earn more than the self-employed amount he's currently assessed at and he doesn't inform them? Would it eventually be backdated in the children's favour?

CSA_Help

clearingout wrote: »

Can someone help me get my head round a change of circumstances situation, please?

Ex has gone from self-employment (ltd company) to being employed by a temp agency. He has made no attempt to contact the CSA and therefore has an assessment which is, I assume, on-going on the previous salary he declared through his business. I know he is earning less now (although before he was earning more than he declared so may be it'll all even itself out!).

I have informed the CSA that I know him to be working. I can only assume they have noted this down somewhere (or not!). The ex has made a couple of small payments into my bank account and I have let the CSA know dates and amounts and will continue to do this each time I receive a bank statement.

CSA going for a Liability Order on arrears as they stand - expect this to be granted (or not) sometime in January. Ex has not made any contact with them about this.

What happens in terms of his assessment? He may well be making payments to me now that are correct (I don't know what he's earning so have no idea). Assuming he gets his head out of the sand sometime in the future, does the fact that he hasn't informed them of his change in circumstances go against him? Even if he can prove he was earning less, will the previous assessment hold until he informs them of his new salary? Or will the involvement of say, NASCA or other solicitor mean that his assessment is (eventually - when head out of sand and is in real danger of going to prison) reduced to what it should have been on the lowered salary? (Am I making any sense?!)

And what about if he were to suddenly earn more than the self-employed amount he's currently assessed at and he doesn't inform them? Would it eventually be backdated in the children's favour?

He doesn't need to inform them of a change of employment unless he has a deductions of earnings order. You could ask for a re assesment which he would need to provide up to date employment and current pay. I would request this quick if he is doing a moonlight flitting.:)

Kimitatsu

Hi CO

Have you asked for a reassessment as he is now employed? Telling them that he is working wont automatically trigger this I dont think :mad:

Unless he has informed them of a change of circs then his arrears will continue to be assessed on the details they have, the onus is on him to provide details of his income. If he refuses then they will send it through to compliance and it will go down that route but the liability order will still run in tandem for the existing arrears.

Bottom line is until he tells them he is being paid differently then his assessment holds, or if you ask for a reassessment then he will be asked for proof of his income. Any arrears that currently exist will continue to be chased as they are currently.

If he is moonlight flitting (will merge these threads later) then the CSA can trace him through his NI number and the electoral role. If it goes to compliance they will arrange a face to face visit and if he is not at the address that he tells them he lives at they can visit him at work.

HTH

clearingout

Hmmm. Interesting. He does, in fact, have a DEO on his own business which is under threat of forced strike off if the Companies House website is anything to go by. When I asked the CSA why they weren't chasing his business she told me 'it's confidential. All I can say is that option isn't open to us anymore'.

Still ask for a reassessment?!

CSA_Help

I would today !

Phone them and also send an email as it would be recorded as today!

Kimitatsu

If he is working - then they can apply a DEO to his earnings currently. But if he has arrears they can apply them over a period of time to any earnings that he has, and they can take up to 40% of his net pay for arrears.

I would ask for a reassessment if I were you, that way he has to show his earnings. Have you asked to speak to compliance? You should have a named officer dealing with your case.......sorry if you have said all this already, amd having one of those days!

clearingout

OK. I can see where you're coming from. Given that I'm pretty sure he's moonlight flitting after Xmas, is it best just left till he does the flit? What will happen is that they send out info say, today, asking him to be reassessed and then obviously when he moves 250 miles away in a couple of weeks time, he's going to temp with another agency until he gets a permanent job (or indeed, just lives off the girlfriend which I suspect is the plan) so I'll be asking for another reassessment in 3 weeks time and then potentially another when he gets a permanent job (if he does - he's daft enough to brag about how much he's earning to me so I know I'll find out if he goes down that route!).

a) can I do that? ask for more than one reassessment in, say, a couple of months? We could easily be looking at 3 in 3 months?
b) the assessment he current has is, I'm pretty sure, for more than he's now earning. Legally (not morally!), is the onus on him to make it clear what he's now earning less or on me to ask for the reassessment knowing he's earning less? chicken and egg?

clearingout

sorry, yes, I have a named officer, am being dealt with by the 'crown hill complex cases team' if that means anything to anyone!

Kimitatsu

clearingout wrote: »

OK. I can see where you're coming from. Given that I'm pretty sure he's moonlight flitting after Xmas, is it best just left till he does the flit? What will happen is that they send out info say, today, asking him to be reassessed and then obviously when he moves 250 miles away in a couple of weeks time, he's going to temp with another agency until he gets a permanent job (or indeed, just lives off the girlfriend which I suspect is the plan) so I'll be asking for another reassessment in 3 weeks time and then potentially another when he gets a permanent job (if he does - he's daft enough to brag about how much he's earning to me so I know I'll find out if he goes down that route!).

a) can I do that? ask for more than one reassessment in, say, a couple of months? We could easily be looking at 3 in 3 months?
b) the assessment he current has is, I'm pretty sure, for more than he's now earning. Legally (not morally!), is the onus on him to make it clear what he's now earning less or on me to ask for the reassessment knowing he's earning less? chicken and egg?

You can ask for as many assessments as you want providing you have reasonable grounds and given that he will have moved jobs that is reasonable grounds.

Up to you re the assessment, legally he does not have to tell them that he has moved jobs, the assessment will stand if he does not inform them of a change in circumstances. If you ask for a reassessment then the lower figure (if there is one) will come into force if he tells them he is earning less. If he ignores it however and they can attach a DEO to his earnings then he will still be assessed at the higher rate + arrears, and up to 40% of his net wage.

clearingout

Thanks Kimitatsu. I am torn between putting two fingers up at him and saying well, you've made your bed you can lie in it so keep being assessed at the higher rate and the idea of possibly grabbing 40% of his wages for the foreseeable...!!! Either way, I guess it serves him right for not getting a grip on it sooner. Silly man!

gratefulforhelp_2

Am I being thick, what is the reason he has not notified them on his change in circs? Surely if it was to his advantage he would have done that? Or is it the potential for the money being taken straight from his wages that is the disadvantage?

If it was me, I would ask for a reassessment as many times as is necessary. Though I see your moral argument for leaving the assessment as it is, it might be better to get it all straight.