Query about departures calculation (CS1)

MJMum

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kelloggs36

They have to apply the percentage applicable to the housing costs allowed on the assessment, so if your partner were allowed all of the housing costs offset against his income, and a departure was made for your contribution of 50% then only 50% would be allowed for your partner. It works exactly the same whether the amount is capped or not.

You will need to notify the CSA of the changes in circs as this would have an effect on the assessment and you are correct in assuming that the Departure would end. They would however need evidence UNLESS the Departure was made because you did not provide any income evidence, then they would apply a 50% default decision.

MJMum

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kelloggs36

It should be 40 as they can only allow in terms of the amount of housing costs actually allowed. So as they have only allowed a certain % of the housing costs, your % will be based on that figure and not the figure of the whole housing costs. There would be no point as it would not impact on the assessment and that is the whole point.

Do you have children in the house? Just asking as they don't cap housing costs if there are children in the household.

kelloggs36

my post sounds awful doesn't it? It is really hard to explain! Allowed housing costs are set out in the legislation. The capped amount is the most they can allow. The rest is totally ignored and does not come into the equation. Therefore, when they are apportioning housing costs to you, they can only apportion a % of the ALLOWED housing costs, not all of them. In any case, if they did that then your partner would pay more as more of your income would be used in terms of housing costs, which frees up more of his money for maintenance.

It is definately right.

kelloggs36

Do you earn more or less than your partner? If you earn LESS than him, then less of your money would be taken into consideration and he would therefore pay less maintenance as more is taken up with housing costs. What they do, is allow in direct proportion the housing costs against your income, so, if you earn 25% of what your partner earns, then your proportion of housing costs would be 25%, which in this case would be $20 (pounds!!). If you earn the same, then it would be 50%, thus $40 (pounds). If you earned more than your other half, then your contribution to housing costs would be more than his in direct proportion.

Basically, if you earn less than your other half, it is better to declare your earnings as your contribution to housing costs would be less, which in turn, means that more of his money is taken up with allowable housing costs, which means he has less left over with which to pay maintenance.

Hope that made sense!!

MJMum

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kelloggs36

Hi, it sounds like you are paying too much to me! Certainly, whilst you may wish to consider the impact on the lives of the PWC, your own children need to be considered too, which is why there are allowances within the formula for this. The PWC would IMO (and I am one!!) would have grounds to complain if she felt that your partner was trying to fool the CSA into believing that he had less income than he truely did, but in this case, the formula is set and must be accepted, and if that means that you pay less, then so be it.

The actual assessment would reduce in my opinion because all the housing costs would be allowed plus there would be an allowance within the protected income part of the formula, for your children. As your income is now nil, it will mean a reduction in maintenace for sure. If you go back to work, then a new assessment would need to be made in terms of a Departure whereby the assessment may well increase again, however, as your housing costs are currently capped, it may mean no increase in terms of what you are CURRENTLY paying. If you want to PM me with further details, I can give you an assessment forecast if I have all the relevant info, that way you can decide what to tell the CSA. I am in Germany at the moment, and would not be able to do it until I get back in 2 weeks time as I have the sheet which gives me each stage of the assessment and I can't remember every single step, and want to be able to give reliable info!!!

WHilst I am a PWC, I do believe in fairness. I only object to those who refuse to acknowledge their children at all and who refuse to pay anything and who go to great lengths to avoid making any payments. I don't object to helping anybody in order to get them a FAIR assessment based on the law and their true circumstances, and you IMO fall into this category!

MJMum

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