csa are they as bad as ever? hope not

kevin137

OP, is your ex subject to a DEO, this would make things a lot easier for you for sure, and he would definitely have a LEGAL obligation to notify them, although i do believe this obligation still holds true even without a DEO, it would make things simpler in your case.

Whatever happens, if the CSA deem that information to of been a change your ex should of notified them about, they can supersede the previous decision and backdate any difference creating arrears and those would have to be paid as well...

RedSky

kevin137 wrote: »

But as that is a list of what YOU MUST TELL THEM BY LAW< i think it would be safe to assume that would be LAW....!

Assumptions can be wrong. The page referenced, and specifically the sentence "By law, there are some changes that you must tell the Child Support Agency (CSA) about.", is ambiguous without a clear specification of what is, and what is not, required by law.

I was advised by NACSA that "You are not legally obliged to report a change in circumstances relevant to income changes". I accept that there may have been a change in the law since this advice was given but the CSA leaflets do not appear to reflect any change.

kevin137

And it still doesn't stop them from going back and saying, well, you should of notified us of the changes, therefor we are going to reassess from when the change should of been notified and now yo owe us thousands of pounds, and if you do not pay within the timescale we give you, we will apply for a liability order, and attachment to your bank account, remove your driving license passport etc, and screw your life up because of it...!

Look at the amount of cases on here that the CSA have screwed up, or given wrong advice about, and STILL they have the power to do this...

I am not saying it is right or wrong, but you have a LEGAL responsibility to your children at a percentage of your income. If you choose not to notify the CSA then be it on your own head, as they have and use the powers to make sure that you DO pay in the long run...!

I have been told many times on here by other users, you ONLY HAVE TO NOTIFY CHANGES OF ??%.

Take that as you read it, if it is 5% and you get a pay rise of 4% annually, over a period of time, your wages increase and you notify them, you do everything right, then they come and hit you with a debt for the increase. You would have a claim against them if you could prove the notification and probably lose the arrears. You would however have to prove you notified them. If you did not do this, and they came 3 years down the line, then you would not have a leg to stand on, right or wrong, they can do this, and they do do this. Even though the changes where under the prescribed percentage for notification.

My advice is to notify in writing of ALL changes, up and down, then you have a paper trail that you can use at a later date.

RedSky

kevin137 wrote: »

My advice is to notify in writing of ALL changes, up and down, then you have a paper trail that you can use at a later date.

I agree that it is good advice, based upon personal opinion, to notify the CSA of all relevant changes but it is not correct to state this is the legal requirement.

I disagree with your belief that a change of circumstances is backdated to when it should have been reported. I personally do not recall seeing anything to support your statement and question whether this is another assumption or based on fact. I could be wrong so am interested in the information you have based your belief upon.

shoe*diva79

A NRP is only required to tell the CSA of an address change. NRP does not have to notify of salary increases or decreases and if areassessment is asked for the assessment is backdated to the date it was asked for - not the date the change took place.

kevin137

shoe*diva79 wrote: »

A NRP is only required to tell the CSA of an address change. NRP does not have to notify of salary increases or decreases and if areassessment is asked for the assessment is backdated to the date it was asked for - not the date the change took place.

Where does all this come from, you have to notify them of changes, if you don't you could be liable for fines and backdating...

Or have the CSA been spouting lies to NRP's for years...!

You have to notify them of ANY change that affects your liability up and down...!

shoe*diva79

Changes that non-resident parents need to tell the CSA about
If you are a non-resident parent you must tell the CSA if your address changes within seven days from the date of the change.
A non-resident parent is the parent who the child does not normally live with.
If you pay child maintenance through a deduction from earnings order and you leave your job, you must also tell the CSA:
the name and address of your new employer (if any)
how much you expect to earn
your payroll number (if any)

This is from the Direct Gov website and is in line with exactly what I have been told (on CSA1) and what my partner has been told (CSA2)

Link to the Direct Gov website:
http://www.direct.gov.uk/en/Parents/ChildMaintenance/IfyourealreadyusingtheChildSupportAgency/DG_199039

shoe*diva79

You SHOULD but do NOT HAVE to tell the CSA of changes in income.

shoe*diva79

In March 2010 I requested a reassessment on my ex as the case had not been assessed in 8 years. He had had several large pay rises in those 8 years changing the assessment from £13 a week to £102 a week currently. The change in CM due was effective of the date I asked for the reassessment.

Same thing happened with my partner. His ex went to the CSA in July 2010. He was assessed and pays what is due. He had a significant pay rise 3 months after the assessment was made but did not inform the CSA. He was reassessed last week (at his ex's request) and the new assessment is due effective of when his ex asked for the reassessment.

iluvfreebies

the notifications of an assessment state any change of circs SHOULD be notified to the agency - backdating usually occurs where a change has been reported by either party at some stage but hasnt been completed due to agency delay or difficulty in obtaining the information required. The only expection to this is where a nrp starts / ceases benefits in these cases backdating can apply - in all other cases changes are taken from the date they are notified.