What are the reasons to keep a case open?

mrsspendalot

alwayspuzzled wrote: »

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.

When we first started paying through CSA for OH's daughter, they never actioned our request to pay through them, and kept sending our payments back, saying we 'overpaid'. We made it quite clear that if the PWC wanted maintenance via CSA, that we would pay via CSA as we didn't want any problem years down the line with anyone saying we had missed payments. If they're not expecting money from you, I would think they would return it?

HelpMePay

I'll ask again the next time I speak to them, but the last guy I asked about it said that I couldn't make payments through them. I think the reasoning was that even if they paid it across to the PWC it would leave a credit on the account which meant the next assessment would be reduced.

That said, the answers aren't always consistent.....

AnxiousMum

HelpMePay wrote: »

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?

It may be that with the changes coming to the CSA that if there were a problem in the future and she had to reopen the case, it would cost her money to do so under the proposed changes. Just a thought.....

My ex is now paying regularly and wants to revert to private arrangement - Not a chance in hell! lol - as it took me well over a year to get it back on track by having to reregister for enforcement.....whereas, had I not had to do that, it would've been sorted in a couple of months max.

speedster

i think a tough line is called for. you will have to "persuade her" to close the case.

tell the ex in no uncertain terms that while the csa case is open, you WILL NOT deal with her. if they are saying £0 then tell her that is what you will pay.

in the mean time, set up a standing order into an "umbrella" account for your child and let that build up. you can give it all to the ex once you have it in writing that the case is closed.

i understand that you want to do the right thing, but you don't want to end up paying twice, so the tough line is the only sure way of covering your azz.

if the ex is stooopid enough to keep the case open, then let her.

and before the hens start harping on.... if the OP takes this stance and his ex wont close the case, then it's HER who is making her child go without, NOT him.

HelpMePay

Ah, it could be the new changes coming in that are causing the hesitation although my understanding was that we were all going to be moved onto that anyway over the next year.

mrsspendalot

I agree with Speedster - tell your ex that the CSA are saying nil, but you don't feel comfortable not providing, so you will put £x away each week for your child. If she wants to close the case and go private, then you are happy to do this, and will immediately make the payments to her once confirmation of the case being closed has been received.

We offered to pay for OH's DD privately, PWC said no, and now she has a nil assessment. If she rang tomorrow and asked for a private arrangement, this is what we would do, as we wouldn't hand any money over until the case was confirmed as being closed. As Speedster says, you don't want to end up paying twice.

kelloggs36

All she has to do is to sign a receipt to say that she has had the money, the date it covered, the children's names, and the fact that it was for child support- there is nothing the CSA could do as this is undeniable proof.

speedster

HelpMePay wrote: »

Ah, it could be the new changes coming in that are causing the hesitation although my understanding was that we were all going to be moved onto that anyway over the next year.

:rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:

best laugh i've had in ages!! new rules wont be in for bout 10 years yet!!!

and seeing as though they've lost their quango status, that could be more like 20 years!!

mrsspendalot

HelpMePay wrote: »

Ah, it could be the new changes coming in that are causing the hesitation although my understanding was that we were all going to be moved onto that anyway over the next year.

No, the proposal is that the existing cases will all be closed, and you will either have to make a private arrangement or apply (with a fee) to the new service.

The fact that the case will be closed soon anyway and you will have to make a private arrangement or face charges might also be worth mentioning, as it might make the ex feel that a private arrangement now is the way to go ....

missbunbury

I'm not clear whether the CSA have actually made a decision on jurisdiction? If they definitely decide against then the case is closed automatically.

I assume you're concerned that they will eventually decide they do have jurisdiction? If so, then whether you ought to pay or not depends where you are currently in the calculation process. Here's how it works:

Your liability through the CSA goes from the date they first contacted you (usually, different if other cases already involve you). From this date, any payments you make are classed as "voluntary payments". Once they make a calculation, any voluntary payments made after the effective date can be taken off the total owing at that point. If both parties agree the voluntary payments have been made, brilliant. If there's a claim that they weren't made, both parties are asked for evidence of the payments or lack of and the caseworker makes a decision. Bank statements showing a transfer into an account with the transfers marked "child maintenance for Kid X" are very strong and compelling evidence.

However, once the calculation has been done, things change. At this point, the CSA will instruct you how to make payments. If you pay some other way, i.e by making "direct payments" to the parent with care in contradiction of their instruction, and the parent with care tells them the money you gave was not maintenance, then the payments will be ignored.

You are not obliged to make voluntary payments, so are within your legal rights to refuse to pay anything until the CSA get it sorted and instruct you how to make the payments. Once they've done this though, any payment you make in a way that isn't the one they told you to use is risky, as you are relying entirely on the other party to confirm this payment was not only received but also intended to replace the scheduled CSA payment.