CSA says I have deprived myself of income (urgent).

Letsby_Avenue

We are experiencing a round of redundancies, I survived last years but this year the axe finally fell on me. I’m a civilian employee for the police

I managed to negotiate a salary sacrifice and take a reduction of the number of hours worked and notified the CSA of a change of income. My employer agreed to amend the DEO accordingly..

This morning I received a CSA document in the post saying Secretary of State Decision, no change to my assessment and DEO will remain in force. It says something that I deliberately deprived myself of income to avoid child maintenance.

On my new salary the DEO leaves me with no income.

I need an urgent short term fix because I am up a creek without a paddle, I still have mortgage/council tax to pay and need money to live on regardless of income. Then I will need a long term solution.

What are my options?

mrsspendalot

From what I have read re salary sacrifices, the CSA may now treat these as 'diversion of income':

"it seems to me that salary sacrifice, if you are forgoing something for another benefit in some other form, is a diversion of income" section 420 http://services.parliament.uk/hansard/Lords/ByDate/20090226/mainchamberdebates/part018.html
Child Support (Miscellaneous and Consequential Amendments) Regulations 2009

This change to the legislation was brought it in 2009 to close the loophole that allowed NRPs to put all their income into pensions and suchlike to avoid maintenance liability. The debate I quote from above discussed salary sacrifices also, so this may now also be enshrined in the legislation (although I haven't looked at it, only read the debate whilst looking for info on how they will treat pensions under the new scheme).

I guess your only option is to appeal the decision.

Blob

You have to appeal, it is not quick though. Try to get your MP to talk to them that works sometime?

DUTR

Letsby_Avenue wrote: »

We are experiencing a round of redundancies, I survived last years but this year the axe finally fell on me. I’m a civilian employee for the police

I managed to negotiate a salary sacrifice and take a reduction of the number of hours worked and notified the CSA of a change of income. My employer agreed to amend the DEO accordingly..

This morning I received a CSA document in the post saying Secretary of State Decision, no change to my assessment and DEO will remain in force. It says something that I deliberately deprived myself of income to avoid child maintenance.

On my new salary the DEO leaves me with no income.

I need an urgent short term fix because I am up a creek without a paddle, I still have mortgage/council tax to pay and need money to live on regardless of income. Then I will need a long term solution.

What are my options?

I don't beleive you sorry

CSA_Help

Dont know what force your with but they could provide you a letter from your personel department that states you had to cut your hours to keep your job as its common knowledge for Governement departments.

They have a threshhold that they cant go over called protected earnings. I was nealy going onto 1/2 pay due to an illness and the DEO would have been invalid.:)

Good luck in the future as it is the way its going in the police just now. 2 people can do 6 jobs.

kelloggs36

If you have evidence that you had no choice in order to keep your job, or to accept redundancy then that is your only option - ask them what evidence they have of your deliberate deprivation?

Wasteland_Drifter

Letsby_Avenue wrote: »

I need an urgent short term fix because I am up a creek without a paddle, I still have mortgage/council tax to pay and need money to live on regardless of income. Then I will need a long term solution.

Accept the redundancy package and take the money. Visit a Jobcentreplus with your redundancy letter then put in a change of circumstances with the CSA. That will restore your immediate income needs and stop the DEO from today.

Then start the appeals process with the CSA. They can take as long as they want. Return to work on your reduced hours when appeal is fruitful.

kelloggs36

DEO cannot leave you with no income, what would happen is that they would be restricted in what they could take, but you would fall into arrears as they cannot take the full amount.

kaya

What Kellogs said

Wasteland_Drifter

Sorry, I didnt know the DEO has a limit, although this results in arrears.

However, that seems to postpone the problem rather than solve it.

Prevention is better than cure.

Blue_Horizon

I thought there was a 40% limit on net income ?