OVERPAID Child Support

Goldie-K15

I have a private arrangement with my ex wife to pay child maintenance in accordance with what is laid down by the CSA. I was self employed up to 6 months ago, as with most self employed people, I do not know my net earnings (after tax and pension contributions) until the year has ended and actually even a few more months after that due to the way the tax year works against my financial year. On reviewing my record I can see that I am now substantially overpaid (approx £6k in the last couple of year cumulative). I am now employed and am considering not paying until these overpayments are used up, however if she goes to the CSA they will base it on my actual wage as of now, which seems a little more than unfair. So advice please. Do I just pay what I should based on my earnings now and effectively ask her to repay the amounts overpaid via the legal system? I believe the CSA DO NOT take into account any payments which may have been made in previous years but only the current (tax) year?

Some useful advice please?!

Kimitatsu

If it was a private arrangement and you both agreed on the amounts then you cannot claim it back. If she chooses to go the CSA then they will make the assessment from the time that she contacts them and will not take into account any of the previous private arrangement.

All you can really do is have a discussion with your ex wife, although to be honest, I cant see her agreeing to having no money come in whilst you catch up.

swingaloo

Had it been the other way round would you now be letting her know you had underpaid? Just curious.

kelloggs36

If CSA did not set your payments and you had a private agreement, you haven't overpaid - you paid what you both agreed. Either of you are free to involve the CSA at any time, and you would be assessed on your circumstances as they are at the current time.

Loopy_Girl

Just echo what others have said.

If she goes to CSA then your liability will be on your current wage. Do not even think about not paying/underpaying as you will get the CSA on your back.

If it was a private arrangment that you overpaid in then you will need to speak to your ex to ask for this back.

Goldie-K15

Many thanks, thought it was the case, however just to point out that the private arrangement was that I pay maintenance according to the CSA calculations, therefore this is an overpayment by those terms. Also IF I had underpaid, she would be entitled to claim this, cannot see how the claimants can have it both ways?! They DO NOT have to repay overpayments and can claim any overpayments.

Also just a note, I spoke to the CSA when I first started paying maintenance, and they MUST take into account what you have paid, but only for the current tax year, therefore nothing for 'total to date'!

Whole system seems more than a little unfair, think I will have to claim via the legal routes.

Goldie-K15

swingaloo wrote: »

Had it been the other way round would you now be letting her know you had underpaid? Just curious.

She asks that it is checked annually, therefore she would be well aware! I am only stating that I will pay what I HAVE to pay, any overpayment should be refunded!

DUTR

Goldie-K15 wrote: »

She asks that it is checked annually, therefore she would be well aware! I am only stating that I will pay what I HAVE to pay, any overpayment should be refunded!

Dude pay up and shut up , I won't use the 'its for your children line' but as others have said, if you had underpaid, would you be as quick to throw the teddy out of the pram? If it is checked annually then it seems that the current payments are based on the previous year and hence the next year will be lower than what you are earning, hence it should all average out.

missbunbury

Goldie-K15 wrote: »

... Also IF I had underpaid, she would be entitled to claim this...

She wouldn't, though, because it's a private arrangement and not legally enforceable. If you had underpaid her only option would have been to start a CSA claim, and the liability would only have started from the date they contacted you.

duchy

You might want to consider what impact messing with the payments will have on any relationship you have with your wife too. She's the parent with care and if things generally run smoothly it makes access easy and non confrontational. Some things are worth more than money-especially when it involves our kids.

Honestly you are sounding a bit petty-if you had concerns you should have brought them up with your wife when your work changed not further down the road. It's a bit late now.

Goldie-K15

For all those who are obviously unable to read the first post. I was unaware of my actual income (that which is subject to child maintenance) until over a year has passed!

The downturn in the property market meant that I had a £50k loss to offset against other earnings - hence my overpayment!

As for the 'it will average itself out' one, well no it will not! I NOW have to pay based on my monthly income (month by month - not based on previous years whatsoever!) Therefore how on earth will it ever take into account the previous years overpayment??

O well solicitor it is then.