IVA .... CSA .... Help

amandahardy

Hi,

Here goes my partner has just been agreed his IVA and now his ex wants to start looking at CSA for his daughter. We have been told that they do not take into account IVA's ... can anyone shed light on this he hasn't got a problem with doing it official he has previously given cash (but got nothing signed) now we know he will be hit with back payment but he did give her £50k 2 yrs ago. Can anyone give us the heads up before a letter lands on the doormat just so we can prepare.

Thanks

judojub

Hi amanda.
I would suggest that your partner get in touch with his IP straight away. If the ex is only now chasing CSA payments and a provision has to be made then it could alter your partners IVA significantly.
Ideally provision for CSA should have been made within his IVA at proposal stage. As far as I am aware arrears for CSA payments cannot be included in an IVA as a creditor although if that is wrong then hopefully somebody will correct me.
Get him to make that phone call!

amandahardy

Hi,

Many thanks I will get him to do it asap, just seems to be one thing after another once you get on the slope of financial difficulties. It wouldn't be a problem if he had a signature from her when he gives her the cash, but on saying that she did sign the form for his IVA about her getting a monthly payment from him... so I'm hoping the CSA will look at that and it's the same cost on the divorce about payments for his daughter. I don't understand why she now wants the CSA involved he is a good father and buys clothes pays for holidays/birthdays and gives a cash monthly payment. Seems sometimes children are used as a weapon.

judojub

So was a provision for CSA payments already made when he went through the proposal stage of his IVA? If so then it might be better if your partner sets up a DD for monies to go into her account rather than giving her cash. At least that way there is a paper trail so to speak and proof that she has been receiving payments.
Hope you guys manage to get it sorted out.

debt_doctor

Hi,

The CSA can only chase arrears from the date they were formally asked to collect the maintenance payments. If they have only just got involved then there will be nothing to chase.

He will be assessed as per the 'new rules' (after 2003!) which will mean if he is responsible for 1 child, and that child does not stay with him for more than 104 nights per year, he will pay 15% of his income in maintenance.

DD

amandahardy

We have her stay over 2nights a week and 2 weeks holiday a year. We also have 2 children we wouldn't be able to pay 15% of his income as it's taken up with IVA and there was a stated monthly payment to her that has been worked into that which she has signed to say she recieves.

debt_doctor

I agree, and that is my point. The calculation reduces if your partner has the children on average 2 nights or more per week and if their are children to be looked after in the absent parents 'new' family.

This on line calculator is quite easy to use and gives a very good indication of the required maintenance.

https://www2.dwp.gov.uk/csa/v2/en/calculate-maintenance.asp

Whatever the required maintenance turns out to be is non - negotiable, it is the IVA that would have to be modified.

DD