CSA- OH struggling

londoner1998

Hello all

I am after some advice.
My partner as a 12 years from a previous relationship. The relationship with the ex is strained to say thet least. For the past few days he has been vey stressed: I thought it was just the very long wokring hours he is putting (he works part time in education and the rest is freelance), but last night, when I tried to get it out of him, it turns out he is very very stressed because the CSA (which he has been paying for the past 7 years: before it was an informal agreement with his ex) are reclaiming much more money than he can pay for and have been phoning him. It seems that as they didn't take any money before (even though he was more than happy to pay whatever he can pay and has always given money t his ex, without fail), now they want it all in one go. To put it in context, my OH will pay for anything the girl needs: she stays with us most weekends and apart from the regular CSA payments, he pays for books, schoold trips, a mobile phone, clothes and whatever elses he needs. They have spokne to his ex and she has even saied to them that yes, he is contributing regularly. BUt now they have recalcualted and want much more.

I am worried because I know he can't pay what they are demanding and talking to them is pointless as they want a figure he just doesn't have on a monthly basis. He used to be a bit careless with money (aalthough not extravangant) but he is now much more controlled . He wants to pay, but he just can't settle the arrears they didn't take when they should have. I am worried that it will come back to bite him in the bum.

What are the consequences of these arrears? What is the worse that can happen?

Bloomin_Freezing2

The CSA do my head in! OH was made redundant at the start of last year and was out of work for approx 10 weeks. I phoned the CSA wekly to tell them what was happenning and asking them to send things to us regarding this change and reduce our payments to 5.00 per week (which is what you pay when you are on benefits). After about 4 months finally they send letters and say we have 400.00 arrears!! The 400 was made up of the 5.00's they didn't take when OH was out of work,plus CSA owed once he'd started working.

I spoke to a right @rsy man there, I explained we couldn't pay that kind of money in one go. He said it wasn't his problem. He said he'll 'allow' us to pay it off over 2 months, 200 per month is still more than we have! He said be happy he's 'allowing' us to pay it that way cos if he wants he can demand the full 400 come from OH's wages in one go!!

I hate CSA with a passion and dread seeing their brown envelopes drop through the letter box.

I've jinxed it now, bet I get one in the post today!!

Bloomin_Freezing2

I suppose the worst that can happen is they take it all (don't know if they can if you are self employed) or put you in prison for not paying.

londoner1998

Bloomin_Freezing2 wrote: »

The CSA do my head in! OH was made redundant at the start of last year and was out of work for approx 10 weeks. I phoned the CSA wekly to tell them what was happenning and asking them to send things to us regarding this change and reduce our payments to 5.00 per week (which is what you pay when you are on benefits). After about 4 months finally they send letters and say we have 400.00 arrears!! The 400 was made up of the 5.00's they didn't take when OH was out of work,plus CSA owed once he'd started working.

I spoke to a right @rsy man there, I explained we couldn't pay that kind of money in one go. He said it wasn't his problem. He said he'll 'allow' us to pay it off over 2 months, 200 per month is still more than we have! He said be happy he's 'allowing' us to pay it that way cos if he wants he can demand the full 400 come from OH's wages in one go!!

I hate CSA with a passion and dread seeing their brown envelopes drop through the letter box.

I've jinxed it now, bet I get one in the post today!!

THat's the thing- he tried to speak to them on the phone and come up to a figure he can comfortable pay- but now, it is all or nothing and the figure they want. So he told me he is starting to ignore the calls, which worried me- I don't believe in ignoring the problem but then again, he is doing all he can. I really want to make sure about the implications of him not paying what they want (although, to reiterate, he pays monthly what he can, fund school trips, etc... so he is paying although in his own way). It is phone calls, I haven't seen CSA envople in a while ( he had a dd for a figure he was ok with, tight but ok but now they re-calculated and the agony started again), so it can not be that bad...??

Any advice appreacited- I am relish the idea of my OH in prison or in iserious financial trouble...

brians_daughter

londoner1998 wrote: »

Hello all

I am after some advice.
My partner as a 12 years from a previous relationship. The relationship with the ex is strained to say thet least. For the past few days he has been vey stressed: I thought it was just the very long wokring hours he is putting (he works part time in education and the rest is freelance), but last night, when I tried to get it out of him, it turns out he is very very stressed because the CSA (which he has been paying for the past 7 years: before it was an informal agreement with his ex) are reclaiming much more money than he can pay for and have been phoning him. It seems that as they didn't take any money before (even though he was more than happy to pay whatever he can pay and has always given money t his ex, without fail), now they want it all in one go. To put it in context, my OH will pay for anything the girl needs: she stays with us most weekends and apart from the regular CSA payments, he pays for books, schoold trips, a mobile phone, clothes and whatever elses he needs. They have spokne to his ex and she has even saied to them that yes, he is contributing regularly. BUt now they have recalcualted and want much more.

I am worried because I know he can't pay what they are demanding and talking to them is pointless as they want a figure he just doesn't have on a monthly basis. He used to be a bit careless with money (aalthough not extravangant) but he is now much more controlled . He wants to pay, but he just can't settle the arrears they didn't take when they should have. I am worried that it will come back to bite him in the bum.

What are the consequences of these arrears? What is the worse that can happen?

They can take it via his income via paid employment at a max of 40% of his income- all arrears need to be cleared within 2 years max or it goes to the 'next step' ie enforcement. The csa will argue he should have known how the calculation was worked out (they include a booklet in every letter they send) and it is his responsibility to check the figures are correct.

She (ex) could 'call off' the CSA and continue with a private agreement - they (csa) plan to charge for people using their services in the near future so if he can cut out the csa its best for all concerned.

TBH if he is being expected to increase the payments to a level he cannot afford i would tell the ex that the books, trips and clothes will have to stop and come out of the increased csa amount he now has to pay.

Stop the trips and pay that off the arrears. When ex asks why he can no longer pay for trips etc - he tells them cause of teh csa payments going through teh roof! Basically if hes taking off the mother by making her pay for trips and then the mother is getting it back via csa payments shes no better off, so may see sense to call the csa and write off (on her own accord) some of the arrears.

Does he get on with the mother? Maybe talking to her to gain a resolution then them both informing the CSA of what is planned maybe a good route to take?

Has he asked for a breakdown of said arrears? are they correct? is he on csa1 or csa2? Worst case... they can put a charging order on your home (if you both own it) so when you sell they get the £s, or he could face a jail sentance (rare, but it can happen) that would surely see his job in education in ruins with a criminal record?

I am a PWC(parent with care) and i am also a step NRP(non-resident aprent) so i am on both sides of the coin so to speak, so you have my sympathies trying to deal with these people!

POST IN THE CHILD SUPPORT FORUM FOR MORE ACCURATE AND DETAILED ADVICE:) (Its a sub board on the benefits and tax credits forum)

Bloomin_Freezing2

We've never ignored the CSA, but out chap wanted it all in one go. Over the years I have come across a few people at the CSA that think they are god!

If it makes a difference i'm afraid i'd suggest your OH stop contributing other than maintenance until he's more comfortable financially.

Why did they recalculate anyway?

brians_daughter

Also, to add if he is ignoring them he will be seen as non-compliant. The csa will go 'all out' with a non compliant NRP to re-coup all they can as quickly as they can. He is doing himeslf no favours by ignoring them. He can ask that they write rather than call..but in all honesty we like to get things sorted on the phone there and then with a letter to follow stating what we have discussed

clearingout

Hopefully someone will move this thread over to the child support board for you where you can get some experienced help.

I would suggest he applies for his file - there's a cost of £10 for this. If you look on the NACSA website there is a template there he can use to send for it. If he has the file, you can work out between you what the arrears relate to and whether or not they are correct. From what I gather on the child support forum, it is very common to have incorrectly calculated arrears.

Don't ignore them - my ex does this, the outcome for him won't be good in the long run although it is a slow process. It is the slowness that unfortunately allows NRPs to stick their heads in the sand and pretend it's not happening but it does catch up with them in the end.

I'm afraid it does sound like he has ignored paperwork from the CSA in the past (that doesn't make it the case that the paperwork is correct, however, so do bear this in mind!) which is why they're coming in so hard now.

NACSA have a service you can pay for and are generally stated to be very good at their jobs - if he can afford to, putting it into someone else's hands could relieve the stress of it all and get it sorted out once and for all.

mildred1978

Bloomin_Freezing2 wrote: »

The CSA do my head in! OH was made redundant at the start of last year and was out of work for approx 10 weeks. I phoned the CSA wekly to tell them what was happenning and asking them to send things to us regarding this change and reduce our payments to 5.00 per week (which is what you pay when you are on benefits). After about 4 months finally they send letters and say we have 400.00 arrears!! The 400 was made up of the 5.00's they didn't take when OH was out of work,plus CSA owed once he'd started working.

I spoke to a right @rsy man there, I explained we couldn't pay that kind of money in one go. He said it wasn't his problem. He said he'll 'allow' us to pay it off over 2 months, 200 per month is still more than we have! He said be happy he's 'allowing' us to pay it that way cos if he wants he can demand the full 400 come from OH's wages in one go!!

I hate CSA with a passion and dread seeing their brown envelopes drop through the letter box.

I've jinxed it now, bet I get one in the post today!!

Why didn't you put the £5 a week aside? You must have known they would want it eventually!

Spring_Time

mildred1978 wrote: »

Why didn't you put the £5 a week aside? You must have known they would want it eventually!

That was excatly what I was going to say! I do agree that sometimes the CSA upset and ruin some people's situations where the parents had a perfectly settled situation worked out between them. But Blooming Freezing 2 even says in her post they knew how much they had to pay when the dad is on benefits, makes sense just to pop that away...csa was always going to come a knocking!


I do feel for you OP, this situation must be scary but in all fairness how many school trips are there to pay for in a year? My youngest has just had one big school trip arranged for this year. How many mobile phones? Do you see what I mean...you are kinda writing as is if these are weekly expenses. They are not. Thankfully lol!

Maybe his ex can help approach the CSA with details of what he has paid in the past? Would they listen to her?

I hope you get it all worked out.

londoner1998

Spring_Time wrote: »

That was excatly what I was going to say! I do agree that sometimes the CSA upset and ruin some people's situations where the parents had a perfectly settled situation worked out between them. But Blooming Freezing 2 even says in her post they knew how much they had to pay when on the dad is on benefits, makes sense just to pop that away...csa was always going to come a knocking!


I do feel for you OP, this situation must be scary but in all fairness how many school trips are there to pay for in a year? My youngest has just had one big school trip arranged for this year. How many mobile phones? Do you see what I mean...you are kinda writing as is if these are weekly expenses. They are not. Thankfully lol!

Maybe his ex can help approach the CSA with details of what he has paid in the past? Would they listen to her?

I hope you get it all worked out.

He has tried very hard to get on ttop of this. Last year he was paying £200 a month to the CSA, and that was fine. It then stopped and now they have come back with a vengeance. I think he is under a lot of pressure becasue his ex keeps asking for money for this , that and the other. I agree that ignoring the problem won't go away. I think he realises this. I just called him and said there are ways of doing this and that he shoudl start, first of all to get all this correspondence in writing.Not appearing as co-operative will not help. It doesn't help that fact that he can't speak on the phone when he is at work and so he feels the pressure mounting.
RE: expenses- the latest schol trip was £200. The mobile phone he pays for monthly, and does the gym (to which she has stopped going). Also the DS , the music lessons and clothes- lots of clothes. It does not help that the mum is very money orientated and she likes to live well. Don't get me wrong, it is his child, but I have wondered for a long time where all this money went when he was also paying CSA at the same time. They are not starving, that is clear.

I am going to suggest to him he speaks to his ex reagrding an agreement to bypass the CSA (although I doubt she will be cooperative)- I also think having impartial advice and get someone to mediate might help. But the most important thing is that he checks what he really owes (it sounds like a lot to me) and getsit in writing he is happy to negotiate a monthly amount that is doable for him. He can't pay what he doesn't have.
By the way, we are renting so we don't own a house... but that is in the cards and I really want all this sorted before we think of a mortage- (2 years from now???)