CSA payments whilst in an IVA

BRY2000

Hello all.
Im after a bit of advice before I call the CSA to notify them of my change of circumstances.
This is the whole story and hopefully somebody can help me out:-

I have 2 children with my ex partner who i pay full child maintenance for (and I'd like to just point out that i have no problems with paying for my children) and have done from the start.
Now,when me and my ex partner seperated a couple of years ago we had to sell our house with a massive shortfall.We also had a joint loan together.
After we split my ex partner moved into council accomodation with her new partner and somehow managed to dodge any payments from our mortgage provider and the loan company (probably because I was the main earner etc,etc).

Now 2 years down the line and me and my new partner have a baby and so does my ex with her partner.
I simply couldnt afford to be paying everything from my old relationship whilst at the same time paying to support my family so had no choice but to start an IVA.

The creditors affected by my IVA are:-
My old mortgage provider (which was in mine and my ex's name)
The loan company (which is in mine and my ex's name)
A catalogue (My name only)
HIP pack provider from the sale of our house (my name only as my ex refused to sign it)

My ex is still trying to squeeze every last penny out of me by asking for regular CSA reviews etc to make sure she isnt missing out (even though I have paid everything from the start and she hasnt paid a penny).

My question is this:- If I was to notify the CSA of my IVA and explain its to pay for joint debts between me and my ex then would they make an adjusment on my payments?
Or would the fact that there are a couple of personal items in my IVA make it hard to calculate?

I am aware that the creditors may approach my ex for payments but I'm 100% sure she will pay hardly anything.

Hopefully that makes sense and somebody can give me some advice and maybe highlight a couple of possabilities before I call the CSA so that I give them the right info etc.

Many thanks for your time
Bry

Hobo17

Surely the CSA payments should have been factored into your IVA as an outgoing (along with your rent, bills, transport etc)?

Rebecca01

Following a tribunal my partner got his debt with the ex taken into account. It was also complicated but the judge managed to work it out in the end.

It wasnt easy ,it took about two years, due to lots of different reasons, one being the CSA totally ignored the judges first decision.

You should send all your paperwork in to appeals unit , maybe work out what percentage of joint debt is on the IVA and what percentage is just you. So you have a monthly balance on what you are paying off the joint debt.

Be aware though, the way they calculate debts is not a straight 50 50 payment.

They take it off your ability to pay, so for example if you earn 500 a week and you pay 50 a week in joint debt . your net weekly income then becomes 450. Then they apply the usual calculations. Taking 15 % off for your child at home, then they take 20 % of this balance and then any further reductions for nights with you.

So in reality on a 250 a month debt, you maintenance may just reduce by about 30 a month. (not exact but to make a point). This is because they will never leave the pwc with nothing when the NRP has an ability to pay. Fair or not, I am still undecided.

bdt1

Kelloggs is probably your best bet regarding advice on this one!

I assume you are on CS1, I think if I remember rightly you may be able to put in a departure/variation regarding joint debt, so that this can be looked at. If CSA choose not to, then you can appeal, when Appeal Dept refuse to change things then ask to go to full Independent Appeal Tribunal whereby an independent Judge will look at evrything in detail, and ask for documentary evidence of everything.

But check with Kelloggs she really is the best for this kind of thing

Rebecca01

bdt1 wrote: »

Kelloggs is probably your best bet regarding advice on this one!

I assume you are on CS1, I think if I remember rightly you may be able to put in a departure/variation regarding joint debt, so that this can be looked at. If CSA choose not to, then you can appeal, when Appeal Dept refuse to change things then ask to go to full Independent Appeal Tribunal whereby an independent Judge will look at evrything in detail, and ask for documentary evidence of everything.

But check with Kelloggs she really is the best for this kind of thing

If it was only a couple of years ago, it will probably be CS2, but then who even knows with the CSA?:rotfl:

BRY2000

Thanks for your replies.
Yes the IVA payments were calculated around all my outgoings including CSA but its only recently somebody told me I may be able to have a deduction due to me paying for our joint debts.

Yes I am aware that if my CSA payments were to drop then the chances are that the payments into my IVA will go up but I would prefer that than lining my ex's pockets even more.
After 2 years of paying everything to the point of near depression and the fact that she still insists on trying to sqeeze every last penny out of me whilst at the same time making things difficult with having my kids, I have got to the point where I refuse to make things any easier for her. She has basically had it to easy these last couple of years and buried her head in the sand whilst I have been left with all the worry and financial strain.She is no doubt far better off than me and i'm having to work all I can to try and support my family.It really is unfair and sickening really.

If my CSA payments get reduced because of this then it may help......Every little helps!

One more thing if you dont mind...

If my ex suddenly decides I that I shall now be having my kids one less night a week (her decision not mine) can she instruct the CSA to increase my payments??
Its starting to get to me now how this recent "Fathers have as much right as seperated mothers" seems to be a load of rubbish.....I may as well bend over a barrel and pull my pants down!!!!
The CSA seem to favour the mother in all circumstances from what ive seen.


Rant over!!......Sorry.


Thanks again