What is included as income by the CSA

RichP_2

Hi, can anyone tell me what is included by the CSA when they calculate what has to be paid?

The ex has a monthly income from a 16 hour job, also gets housing benefits, WTC, CTC and a maintenance payment from myself for our daughter, is it just her wages that go towards her figures?

Although I have asked her to discuss the situation and sort it without the CSA being involved she refuses point blank, we also have a son that lives with me and it is for him I want to claim.

Also there is some unsecured debt which is all in my name but the majority was run up by her (if only I had hindsight) it is in the form of a visa and personal loan, I have spent some time reading the CSA website and believe I am right that the visa will not be recognised by the CSA when calculating how much I must pay but how about the personal loan?

I would like some clarification so that I can personally check the details when the CSA come up with their figures, I have heard so many horror stories and want to make sure it is fair for both my son and daughters sake.

Loopy_Girl

As your ex is in receipt of WTC then she will be deemed to have a 'nil income' and therefore the only figure used to calculate the figures will be 20% of your net income (as you have 2 children).

If you have the children for overnight stays then the figure will reduce by 1/7 for each night.

Not sure about the loans/credit cards but I was always under the assumption that if a debt was in your name then you were liable - irrespective of who has run the debt up. I believe that loan payments during the course of a marriage can only be used to reduce any liability if they were/are in joint names.

Loopy_Girl

Sorry, just read your old posts and realised that you have a child each - is that still the case?

If she is claiming child support from you then it will be 15% of your income (which includes any WTC/CTC you receive) paid to her less 1/7 for any overnight stays.

If you are claiming from her then the same formulae will be used although you will find that as her income from wage will be low she will have to pay a reduced rate as I would assume her income (which includes her wage and WTC/CTC) would be between £100-£200. HB/CTB and any child support payments would not be included as income.

RichP_2

Sorry if I did not make it clear, we have two children, my son lives with me full time and never stays overnight with his mother, my daughter lives with her and stays one or two nights with me. As for the personal debt, my solicitor told me the ex is liable for 50% of the debt even though its in my name unless she claims it was run up through gambling, drink or drugs none of which is applicable. Unfortunately that would only apply when splitting any profits from a house sale etc after divorce but wonder if the CSA would also share this view.

13Kent

In our experience the CSA won't take into account any debts in your name even if they were run up by your ex. The only things they may take into account are loan agreements for something tangible - ie things she still has in the house e.g. a sofa, or tv. They may take into account things like the house insurance but they may ask the PWC to agree to it first - if she says no - hard luck! Also even if she is working if she is getting WTC then the CSA deem it to be a benefit, if she is on benefits then she has NIL income as far as the CSA are concerned. Sorry not to be more positive.

Loopy_Girl

13Kent wrote: »

Also even if she is working if she is getting WTC then the CSA deem it to be a benefit, if she is on benefits then she has NIL income as far as the CSA are concerned. Sorry not to be more positive.

That's not true - if that was the case then any NRP who works but claims WTC/CTC would not need to pay...and we know that is not the case!

If the OP makes a claim to her for his Son then she will need to pay something. She is working and claiming WTC/CTC therefore has an income (just like any NRP who works and claims)

The nil income comes into play only if a PWC income is to be considered for an assessment. Whilst she is a PWC, she is also an NRP and should the OP make a claim then her income will need to be assessed just like any other NRP.

RichP_2

13Kent wrote: »

In our experience the CSA won't take into account any debts in your name even if they were run up by your ex. The only things they may take into account are loan agreements for something tangible - ie things she still has in the house e.g. a sofa, or tv. They may take into account things like the house insurance but they may ask the PWC to agree to it first - if she says no - hard luck! Also even if she is working if she is getting WTC then the CSA deem it to be a benefit, if she is on benefits then she has NIL income as far as the CSA are concerned. Sorry not to be more positive.

Thanks for that, I had given up any hope of a fair outcome to be honest but need to try for the sake of both children, looks like she will get £90 a week of my money and I will get £5 a week of hers then but a lesson learnt, dont blindly trust a woman ever again !

kelloggs36

Legally, you are liable for debts run up in your name - she isn't at all. In terms of CSA, it depends what the money was spent on; if the PWC still has the items and has full benefit of them, then you may get all or some of the debt taken into account. Eg if you bought a car and she has it, then it would be allowed. You are correct that no credit card debts will be allowed.

kelloggs36

RichP wrote: »

Sorry if I did not make it clear, we have two children, my son lives with me full time and never stays overnight with his mother, my daughter lives with her and stays one or two nights with me. As for the personal debt, my solicitor told me the ex is liable for 50% of the debt even though its in my name I don't think so! If the debt is in your name, then only you are liable for it. unless she claims it was run up through gambling, drink or drugs none of which is applicable. Unfortunately that would only apply when splitting any profits from a house sale etc after divorce but wonder if the CSA would also share this view.

I would check this out if I were you - joint debts are jointly and severally liable, ie if one defaults, the other is liable for all of the debt. In a case where you are the only person named, then only you can be held liable.

RichP_2

Loopy_Girl wrote: »

That's not true - if that was the case then any NRP who works but claims WTC/CTC would not need to pay...and we know that is not the case!

If the OP makes a claim to her for his Son then she will need to pay something. She is working and claiming WTC/CTC therefore has an income (just like any NRP who works and claims)

The nil income comes into play only if a PWC income is to be considered for an assessment. Whilst she is a PWC, she is also an NRP and should the OP make a claim then her income will need to be assessed just like any other NRP.

I would like to be as clear in my mind as possible what she will be assessed on so I can check it for myself but they dont seem to make it a clear easy thing to do hence asking, currently I am working on the fact they will only take her wages from working 16 hours a week into account but if there is more I would like to know.

And thanks to all that have replied so far :beer:

RichP_2

kelloggs36 wrote: »

I would check this out if I were you - joint debts are jointly and severally liable, ie if one defaults, the other is liable for all of the debt. In a case where you are the only person named, then only you can be held liable.

Thanks, my understanding from the solicitor is that if the house was sold then the personal debt would be looked at in the settlement, normal repayment is my responsiblilty.

The loan was for the car which she still has, unfortunately I can not prove it was for the car as its just a personal loan and will write it off to experience I guess.