Child support-Entitlement to contractual redundancy payment

DUTR

Blue_Horizon wrote: »

Interesting readin, this post has stirred up a whole bunch of emotion....

Anyhow, back to the original question. I think the answer is that the CSA would use the definition of statutory redundancy pay, which depends on your age. Assuming the NRP is between 21 and 41 this is 1 week per month. Some companies pay a higher contractual amount, e.g. 1 month for each year. So it looks to me if around 75% of any amount could be determined to be "income" and therefore liable to the CSA rules.

Through bitter experience, the right and wrong of this situation doesn't matter, it's best to understand the rules (law) and check the the CSA folks do their jobs right !

However you have missed the crucial part of the original post..... it is a private agreement

Former_MSE_Andrea

Hi everyone

Please try not to let things get personal. By all means disagree with the OP but do it nicely please.

Thank you!

Sambucus_Nigra

MSE_Andrea wrote: »

Hi everyone

Please try not to let things get personal. By all means disagree with the OP but do it nicely please.

Thank you!

Why have you removed my post - stating that the father might well be planning on spending his money on his own child? It's hardly personal or nasty...

speedster

Sambucus_Nigra wrote: »

Why have you removed my post - stating that the father might well be planning on spending his money on his own child? It's hardly personal or nasty...

because men aren't allowed opinions on here.

hepcat42

Blue_Horizon wrote: »

Interesting readin, this post has stirred up a whole bunch of emotion....

Anyhow, back to the original question. I think the answer is that the CSA would use the definition of statutory redundancy pay, which depends on your age. Assuming the NRP is between 21 and 41 this is 1 week per month. Some companies pay a higher contractual amount, e.g. 1 month for each year. So it looks to me if around 75% of any amount could be determined to be "income" and therefore liable to the CSA rules.

Through bitter experience, the right and wrong of this situation doesn't matter, it's best to understand the rules (law) and check the the CSA folks do their jobs right !

This was really all I was looking for- an understanding of the rules. As others have indicated, we do have a private agreement. When we made our original agreement, we used the CSA calculator as a guide in order to formulate the amount per month and before the VR came up we already had a new amount on the table for his forthcoming job. So I suppose my thinking had been that if the CSA guidance was the basis for our original agreement (and we both accepted that all along), then we would continue to go by their their guidelines for things including a redundancy payment. However, it's now been clarified that there is a distinction between, say a private arrangement and DEO case. So-ok, fine, helpful to know.

I think as several people suggested, this is probably a good time in any event to review the original agreement and ensure that it's working.

mrsspendalot- Thanks for your further comment, I do take your point and it's a fair one.

HelpMePay- I agree, it would no doubt be better to leave emotions out of it. I'll bear that in mind and try to proceed on the basis. But without dissecting all the specific issues of my situation (which I don't think is entirely appropriate to do here), suffice to say that's not always easy to do. Seems like the fact that my even asking the question stirred up such emotions proves that. And that' s not to say some of the solutions people have offered are not helpful- but it is complicated. That's one reason I just wanted to get some basic facts straight going forward.

Sambucus_Nigra

speedster wrote: »

because men aren't allowed opinions on here.

I'm definitely not a man!

mrsspendalot

hepcat42 wrote: »

I think as several people suggested, this is probably a good time in any event to review the original agreement and ensure that it's working.

I would certainly suggest a review as his job has changed, plus you may want to discuss now about how the amount will rise in the future. Will it go up annually in line with inflation, for example, or based on the same % increase that is applied to benefits which is based on CPI or something like that. Will you re-look at maintenance every 2 or 3 years to take account of promotions, incremental rises etc. If you have it all decided now, it will save heartache in the future. There is a private agreement form here http://www.cmoptions.org/en/toolbox/maintenance-form.asp which would be useful to get the details written down on for you to refer back to. I used this with my ex husband before he stopped paying me!

Also, the CSA calculations are shortly going to be based on gross rather than net wages - something else you may want to look at in preparation for renegotiating your amount. It would be 12% of his gross income less pension, rather than 15% of his net.