CSA Payment £1200 a month?!!!!

jidi19

I'll try to keep it short and sweet but need some serious advice here...

My OH has a child now aged 17 whom he has not seen since birth. The mother of the child was seeing someone else at the same time as my OH and literally upped and left with the child and new partner in tow. Arrangement was that she and new partner were bringing the child us as their own HOWEVER my OH was required to contribute financially to the child until he was 17. My OH did each month up until recently when the child turned 17. This was a private arrangement made between the two parties to which my OH agreed.

Now child is 17 and still in full time education and out of the blue, a CSA demand for over £1200.00 a month payment as maintenance! Yep thats right £1200.00 a month!

My OH is a self employed businessman and the CSA have based the payments due on the annual profit of the business (Not techinically his wage - wish it was!!)

The amount requested is obscene but the CSA are not willing to listen to reason at all with regards to our financial circumstances i.e. 2 other children under 16, and are demanding payment or a warrant will be issued for my husbands arrest.

We've really no idea where to even turn regards to this matter, my OH has tried discussing the matter with the mother of the child directly but she is not at all interested and is adament she is pursuing the matter with the CSA.

My OH has no quarm paying towards to upkeep of the child however the amount being requested of payment is practically a months wage in child maintenance. Granted the annual turnonve of the business is high however this does not take into account the outgoings of the business.

Any ideas as to where we can go with this? Also on speaking with the mother of the child, she maliciously (pardon the spelling!) announced 'he's not even yours I'm just screwing you over' as you can see very nice lady indeed.

Caz3121

when did the CSA first become involved and has he disputed paternity?
This may be an interim assessment - what information has your OH provided to them on finances?

jidi19

Two weeks ago the first letter was received demanding £300 per week and then this week a further letter saying he has been non compliant and detailing full payments for the neext 12 months. He has provided nothing so far with regards to our finances, with regards to disputing paternity would he do this with the CSA?

Orson_Cart_2

If the CSA or the PWC is making a false representation about your income or circumstances with intent to obtain a money transfer from you, then see if Section 2 of the Fraud Act applies.

ohdamnit

Strictly speaking depends on business type, if your husband is a sole owner or in a partnership, that is one thing, if an incorporated its another. In one sentence you have said they have based on the profits of the business, in another on turnover?

If your husband is soul trader, and is making 8k a month profit then yes 1200 is about right, if the business turnover is 8k then its wrong. If he is a soul trader, then the business profit equals his income.

You need to provide CSA with accounts showing his actual business profit and they will base on that.

Orson_Cart_2

Its unlikely he is a sole trader is the biz is registered at companies house, thats where the CSA will have got the turnover figure from and assessed it under a pretence it is income.

DX2

jidi19 wrote: »

My OH did each month up until recently when the child turned 17. This was a private arrangement made between the two parties to which my OH agreed.

Any ideas as to where we can go with this? Also on speaking with the mother of the child, she maliciously (pardon the spelling!) announced 'he's not even yours I'm just screwing you over' as you can see very nice lady indeed.

You say your OH and the ex had a private agreement does he have anything documented, or did he pay her cash in hand?

If there is even the smallest chance this child is not his he need's to dispute parentage with the CSA, get a DNA test done one that the CSA use.
Have a look here: http://www.csa.gov.uk/en/case/disputing-parentage.asp
You really need legal advice asap,try contacting nacsa: http://www.nacsa.co.uk/

kelloggs36

this isn't an arrears case - has he got 12 months worth of accounts he can send in to them to determine what is allowed and what is not? The things allowed for CSA are different to that of HMRC - eg they don't allow for depreciation of capital assets, eg cars etc and so this will be added back on.

jidi19

Hi all thanks for your comments so far, confusing thing is so far received 3 letters all dated 9th feb letter 1 is 20 pages long requesting info, letter 2 is stating they have worked out payments of £300 per week are required and letter 3 says you have not given us any information and we need your bank details. All dated the same 9th Feb. So in one day they made contact, worked out the payment and pointed out no info had been sent! What's all that about?! It's all so confusing. OH wants to go down the lines of a paternity test but it says from what I have read that you apply to the court for this? Does anyone know if this is the case at all? Thanks in advance.

PreludeForTimeFeelers

jidi19 wrote: »

Hi all thanks for your comments so far, confusing thing is so far received 3 letters all dated 9th feb letter 1 is 20 pages long requesting info, letter 2 is stating they have worked out payments of £300 per week are required and letter 3 says you have not given us any information and we need your bank details. All dated the same 9th Feb. So in one day they made contact, worked out the payment and pointed out no info had been sent! What's all that about?! It's all so confusing. OH wants to go down the lines of a paternity test but it says from what I have read that you apply to the court for this? Does anyone know if this is the case at all? Thanks in advance.

First letter (the one that is 20 pages long) is sent automatically, to show the info they hold (ie overnight care etc), so if any of that is wrong then you can dispute it. Second letter is the actual maintenance assessment, the £300 per week. Third letter is regarding setting up a direct debit.

If you dispute paternity then you will need to contact the CSA straight away - if they've already done an assessment then paternity has been presumed, and all DNA testing will have to be paid for by the NRP.

shell_542

Did he provide the businesses profit details or have they got them from elsewhere?

Has he had any contact with the CSa himself yet? By way of a phone call or writing to them?