What are the reasons to keep a case open?

HelpMePay

Hi

I have a stalemate with my ex, CSA have said (verbally only and contradicted) my income is outside their juridiction and my ex doesn't want to close the case. I want to pay, either through the CSA or direct, but the CSA won't let me pay through them and I don't feel I can risk paying direct as the CSA case is still open as I don't want to get stuck with arrears in addition to direct payments.

So my question is:
Given that the CSA are not going to do anything further with my case, why would my ex want to keep the case open?

I have asked my ex many times but have had no answer. I reckon if I knew what the concern was about closing the case I could try to address it it some way.

The only reason I can think of is that she thinks it would take longer to get things moving with the CSA if I change job, but it would take 3 months to get payslips to do the assessment anyway, which is about the same time it takes to start up a new case anyway. Given that it has already delayed things for months I can't see how saving a week or two in the future could be the reason.

Any ideas?

DUTR

There is no reason to close a case whilst the child still qualifies for CS, whether that be £0 or above.

HelpMePay

Thanks for your thoughts. Although it doesn't answer my question.

In our case the CSA says I should pay £0, I believe this is wrong and want to pay more. If the CSA case remains open then there is a risk that they may decide in the future that I should have been paying and I would have to pay twice, something that the rest of my family can not afford. Hence I am eager to pay but can't while the case remains open with the CSA.

If you believe there are reasons for the case to stay open, even though this may prevent direct payments then please let me know. There may be good reasons, that is why I am asking the question, I just can't think of any so I would like your help. Given that the case could be re-opened at any time I can't see any issue with closing it to allow payments in the mean time?

If there are genuine reasons for the case to stay open then I would value your input, if I understand the reasoning I may be able to find a solution.

kelloggs36

why is your case out of their jurisdiction? Do you live abroad?

HelpMePay

I've just sent you a private message with some more information.

AnxiousMum

If you live abroad, then your ex can go through REMO - but you don't say why your 'out of the jurisdiction' and CSA says you pay £0.

If you wish to pay towards the upkeep of your child, you would be wise to make any direct payments to the ex marked very clearly - 'child support for child X for month of.......' and ensure that you have a solid record of payments made. Depending on the reasons for your 'our of jurisdiction' comment, the ex may be thinking that she can go for arrears at a later date, or that it will speed things up once you are back within the jurisdiction and she wishes to restart the payments.

Without too much information, there's only so much advice you will be able to get though!

PlayingHardball

If the reason for a nil assessment is that your income is foreign income and you no longer live in the UK, then the CSA would actually have to close your case. There are exceptional circumstances to this rule however.

Its a very complicated and grey CSA area, if this is your situation.

AnxiousMum

From what you have said in pm's, then I would think the fact that you WANT to provide for your child, you should make payments that are well tracked as being 'child support for Child XXXXX' - that way, if CSA ever come back at you - you DO have proof you have been providing for the child.

But, the longer it takes for you to start doing this, then maybe the longer that your child is going without certain things that are needed.

HelpMePay

Thanks for the reply.

It hasn't been going on very long, so I don't think anyone is going without, but one way or another I will sort this out soon. I'm just trying to find the best solution for all involved. I feel it would be a lot simpler for all involved if the the case was formally closed so we could draw up a mutually agreed plan for payments etc., hence my question. If I knew why there was a reluctance to close the case from the PWC I would be able to find a resolution faster.

Does this make any sense?

HelpMePay

PlayingHardball wrote: »

If the reason for a nil assessment is that your income is foreign income and you no longer live in the UK, then the CSA would actually have to close your case. There are exceptional circumstances to this rule however.

Its a very complicated and grey CSA area, if this is your situation.

I thin I may be one of the exceptional circumstances. It definitely is complicated and grey.

alwayspuzzled

I don't know if this is feasable but as you have an open case could you not just set up a standing order to the csa and have them forward the monies even though your assesment is nil - I know there are pwc who are in a situation where they have recieved overpayments.

In our situation I set up oh's S/O as a weekly amount that comes to the same per calender month as their monthly schedual asked for. OH got an aggitated ph call from the csa saying "it doesn't work like that" but otherwise they seem to have accepted it. I suspect person making ph call didn't actually understand that 1 month does not = 4 wks and thought he was underpaying.