CSA overpayments

Zara33

rustyarchs keep us updated please, lets look at things if the boot was on the other foot if you owed the CSA any money then they would be quick enough to chase you for it.
Good luck.

mystery07

rustyarchs wrote:

i had just went through a very painful time when my marrage had broken down, i had to leave my house and my kids and all i had worked for to move back in with my mother until i had got my head sorted out,i left my job to try and start afresh trust me it was heartbreaking, and amongst all this you think think i nothing more important on my mind than to phone the CSA:rolleyes: your having a laugh

i hope something like i went through never happens to you as it would be a very painful eye opener.... however something about how one sided you are in defending the CSA and the money iv lost makes me think that perhaps you are bitter towards me?? you wouldnt be receiving maintenance payments from the CSA yourself would you?? as if you are then i can understand why you seem to think im the bad one for wanting my money back!!

Rustyarchs - listen, what I said wasnt personally against you! Im really sorry, your marriage broke down & your no longer able to live with your children! That is sad, in any case! I Dont get maintenance through the CSA, my son's Dad, is a real tw*t & doesnt pay & the CSA have done nothing! So believe me, I am not pro the CSA by any means! What Im saying to you is, that youve found this painful, how on earth do you think your bloody children feel? They dont have the coping mechanisms that we adults do! In the long run, there experience of not having their Dad around will be far more painful, than you having to leave, whether they share this with you now or not....when your talking about claiming back maintenance that youve "just" realised, in actual fact youve overpayed, that money will not come from the goverment, or the CSA, it will come from your Ex-wives pocket & that will have some kind (whether small or large!) of impact on your children........Dont do that to them, they dont deserve it & if you, cant see that, your actually taking something or/ intend to take something from them, your very ignorant & in the long run, you will be the one to loose!

Hope you hear, what Ive said

Xx

thesaint

mystery07 wrote:

Rustyarchs - listen, what I said wasnt personally against you! Im really sorry, your marriage broke down & your no longer able to live with your children! That is sad, in any case! I Dont get maintenance through the CSA, my son's Dad, is a real tw*t & doesnt pay & the CSA have done nothing! So believe me, I am not pro the CSA by any means! What Im saying to you is, that youve found this painful, how on earth do you think your bloody children feel? They dont have the coping mechanisms that we adults do! In the long run, there experience of not having their Dad around will be far more painful, than you having to leave, whether they share this with you now or not....when your talking about claiming back maintenance that youve "just" realised, in actual fact youve overpayed, that money will not come from the goverment, or the CSA, it will come from your Ex-wives pocket & that will have some kind (whether small or large!) of impact on your children........Dont do that to them, they dont deserve it & if you, cant see that, your actually taking something or/ intend to take something from them, your very ignorant & in the long run, you will be the one to loose!

Hope you hear, what Ive said

Xx

I am happy to be corrected, but I do not believe that any overpayment (if due) would be paid back from his ex-wife's pocket, so it would not have any impact on his kids.

mystery07

thesaint wrote:

I am happy to be corrected, but I do not believe that any overpayment (if due) would be paid back from his ex-wife's pocket, so it would not have any impact on his kids.

Sorry previously mis-read your post - If his ex was the one to recieve the money, she would have to pay it back! The csa, dont have any funds themselves to re-pay any debt!

If his ex-wife is the one with care, then it would be bound to impact on the children, shed have less to give them....bare in mind she currently recieves no maintenance!

janiegs

thesaint wrote:

I am happy to be corrected, but I do not believe that any overpayment (if due) would be paid back from his ex-wife's pocket, so it would not have any impact on his kids.

Yes they do ask the other party to repay the money.....unless he/she's on benefit and the money has gone to the secretary of state in which case it is recalled from the SoS coffers.

thesaint

So the paying back of the money would be dependant on if his ex is on benefits or not.

Some are also assuming that the ex is on the breadline. Do not forget that she would have been entitled to the payments previously regardless of whether she was a high earning executive or on benefits.

I do not know the personal circumstances of the ex, but bear this in mind when giving advice, especially when castigating the OP.

alm721

I'm quite amased by the suggestion that the op should'nt ask for his money back. Yes with hindsight he should have informed the CSA, however that does not not change the fact that he has overpaid them. Do you really think that the CSA would not be chasing him for the money if he had forgotten to tell them that his wages went up a few years ago? In that situation do you think the CSA would sit back and say well we did'nt know about it for 3 years so don't worry about the arrears? Not bloody likely!
With regards to whether the CSA will try and get this back from the other parent depends on the situation and whether she is working or not. If she is and can afford to pay it back then no doubt the CSA will try and recover it from her. If she is on benefits then they will not take it from her, so I don't think the kids will necessarily suffer.
The CSA is a complete joke, my brother pays his ex via the CSA for his daughter, he has always paid without question and has always declared his earnings in full. A few years ago he slipped two discs and ended up having two surgeries on his back. He was off work for over a year as he literally could'nt walk and the CSA still took £5.00 per week off him as they claimed this was the minimum payment they would take. At the time he recieved approx £55 per week in benefits from the state and his mortgage alone was £70.00 per week. The only reason he did'nt lose his house was because myself and my mum bailed him out.
Similaly I know of several blokes who effectivly pay nothing for their children because the lie and cheat the system and the CSA seem unable to do anything about this.
The point is that there are people who do everything by the book and yet get screwed by CSA no doubt to cover the shortfall of the idiots who seem to think that providing for their kids is not necessary. The OP is clearly one of the former. He has overpaid CSA by mistake and in my opinion should be completly entitled to a refund of this money.
Good luck and I hope you do get your money back.

janiegs

He hasn't overpaid yet because his assessment was dated the day he gave the csa his new information and is correct according to child support law. It doesn't matter if you agree or disagree with what the csa does or doesn't do, child support law is the legal basis for their activities.

If he had given them the info sooner then his assessment would have been done according to the date he rang them and then he wouldn't have had to pay for the last however many years possibly.

If his appeal is successful and a new assessment is calculated with a backdated payment date, then he will have overpaid.

janiegs

thesaint wrote:

So the paying back of the money would be dependant on if his ex is on benefits or not.

Some are also assuming that the ex is on the breadline. Do not forget that she would have been entitled to the payments previously regardless of whether she was a high earning executive or on benefits.

I do not know the personal circumstances of the ex, but bear this in mind when giving advice, especially when castigating the OP.

They do say all is fair in love and war. Yes, I agree, if an ex has money that they are not entitled to then it should be repaid. If your employer paid you twice one month then they'd be right to ask for it back.

The problem in this case isn't really if it can afford to be paid back. The problem at the moment is that according to child support rules, there is no overpayment. The other problem is that if you've been paid twice in one month, that is clear to see and you know it's not yours. With child support maintenance you could be receiving it, completely unaware that your ex has reported a change which will reduce the maintenance paid from a backdated date. You would have no way of knowing that you are being overpaid until your new assessment is done, which could be weeks, months (years?) later.

cheddar

If this was the other way round no one would be giving the OP grief! Just show how this is so totally biased against the 'absent' parent. Lol absent yet the OP has the children 3 days the ex has them for 4. Almost 50/50 yet op is called 'absent'......