variation orders, how much deducted for debt and child on DLA?

donny_osmonds_mad_fan

my partner pays csa always has done, the house was repossessed because although his ex got the benefit to pay the £199 mortgage interest only she did not use it for that purpose and refused to supply info that would have vastly reduced the secured loan on the property.

...house was repossessed, the money did cover the mortgage arrears but has left 33k worth of debt from the secured loan. The ex laughs saying she will not pay it and laughs when he told her they are chasing him solely for the debt because he is the man therefore has the largest income (he does but disposable income no, that's her)...anyways, an attachment of earnings order has arrived from the court (we will be debating it as apparently someone claiming to be my partner was in court claiming he would pay all the debt 200 miles from here in the area the ex lives) but anyways, if and when this 33k debt starts to be paid off we now after talking to the csa realise he can have a variations order applied.....he currently pays £253 to her, if for instance he was paying £100 per month to this debt, how much could his csa be reduced by? will it be 50% of the debt repayment or do they work it out another way? so in this case for instance his csa would be reduced by £50?

also we found out if the NRP has a disabled child who gets DLA, again you can get a variation, does anyone know how much this is? we are waiting for the csa to get back to us but of course it may well be a while and we are desperately trying to sort out money and what we may or may not have.

many thanks

clearingout

I am sorry to hear of your troubles - ex sounds like a nightmare. She will have a wake-up call one day, hang on in there.

I don't know the answer to your first question, sorry.

The second question outrages me somewhat (if it's possible to be outraged 'somewhat'!!) as disability is 'one of those things' and I'm not sure why you would expect a reduction in maintenance because you have had the misfortune to have a disabled child? You should be receiving a reduction for having children living in the NRP's home and if you're not, then make sure the CSA know about those children as soon as possible, but as far as I'm aware, the reduction isn't greater just because one of those children has a disability.

All of that outrage later (!!), I can appreciate why you would be looking to reduce your maintenance payments given the other circumstances you describe so I shall flounce off now!

Good luck with it - I hope it all works out one way or another.

Marisco

Debts are not taken into account when assessing CSA, he will pay 15% of his wage (for one child) and what he's left with he'll have to pay his bills and debts. If it's a joint loan, he could point the company to whom the debt is owed, to her, as she is equally liable for it.

My oh's ex tried this one, so I wrote to the company giving her new address and new married name, and told them oh would only be paying half what they wanted, and suggested if they wanted more, then to persue her for it! Which I presume is what they did, as we only paid half of what the payments were.

As for the disability, I'm sorry I've no idea on disability benefits, but can understand why you are asking, as having a disabled child can incur extra costs. I have seen on here that there is a disability "premium/payment" that is paid by the NRP, so I don't see why it shouldn't work in reverse, i.e lower CSA payments for the NRP with a disabled child, but whether it does or not I've no idea.

donny_osmonds_mad_fan

it does excist....csa agree it excists and have after our call today marked it being valid from today but possibly back dated.

clearing out...well I only expect in so much as they are the 'rules' hence why i havent come across it before and it was only when searching for info about such debts we came across this other rule, so as far as rules go, if we are entitled to claim it then why not? Likewise with the debt...if the debt is joint and comes from things both parties benefited from then it can be taken from the available 'income' to make the calculation from, the csa again confirmed this today.....both things confirmed it is just wondering what percentage in both cases as we are desperately trying to work money out after some changes in some things.

clearingout

interesting info re: DLA. Not heard of that before. I guess it makes sense and no, I dont blame you for claiming it.

Marisco

Now don't take this the wrong way, but if you know the answers why are you asking the questions???? As for %, the best people to ask is surely the CSA themselves. Give them some numbers to crunch, and see what they come back with.

kevin137

I would be more concerned about the court side of things, as if they have had someone attend court pretending to be your OH there are wide reaching implications, impersonating someone for legal reasons is a very serious criminal offence and should be addressed as a matter of urgency. I would make an application to the court to make representations.

It would be very easy for them to go back through CCTV at the court for the time and date in question, and if the ex attended at the same time, she would be knowingly involved. If it is proved, it may be possible to get an injunction against her and at the same time any maintenance due her through the CSA until such a time as it is worked out who's debt is who's and what criminal charges if any are brought for the deception...!

donny_osmonds_mad_fan

marisco, yes I agree but it is currently a case of no variations officers were around, someone will call us back....and well....we all know how that goes, or doesn't go! We are just trying to work out what the possible % was and if anyone had claimed these issues and knew as we were having a big number crunching 'thing' this weekend working out finances etc.

Kevin, yes it worried us greatly....we are currently waiting to get the copy of the statement from the court 200 miles away, the local court has read it out word for word to us. The ex claims she did not go, but apparently according to the court she attended with a solicitor and my partner attended without one and admitted full liability. The debt was with endeavour, who have Restons solicitors to chase things up....you only have to do a google search to see how underhand they are! Who knows but either way we are filling the form in to ask for the attachment of earnings order be suspended whilst we find out what on earth has happened and who on earth stood in front of a judge claiming to be my partner. Part of me thinks and believes the ex got someone to do it as all along she has stitched up my partner where debts and credit is concerned. We found out by looking at the credit file for instance that when he left her she tried to take out various credit cards and catalogues in his name...it is not beyond her to do some underhand things....one reason why she is his ex!

clearingout

kevin137 wrote: »

I would be more concerned about the court side of things, as if they have had someone attend court pretending to be your OH there are wide reaching implications, impersonating someone for legal reasons is a very serious criminal offence and should be addressed as a matter of urgency. I would make an application to the court to make representations.

It would be very easy for them to go back through CCTV at the court for the time and date in question, and if the ex attended at the same time, she would be knowingly involved. If it is proved, it may be possible to get an injunction against her and at the same time any maintenance due her through the CSA until such a time as it is worked out who's debt is who's and what criminal charges if any are brought for the deception...!

which will only lead to an inevitable arrears bill....it makes sense to try and put it on hold, yes...but arrears will be building up one way or another.

donny_osmonds_mad_fan

well there is no amount currently set to pay....they have not been to court since the possession order they took out after the mortgage company had already repossessed...that said he had to pay £46k...we just realised there was ppi added to it also...so have to sort that aspect out or try to, but 12k has come off it since that court order for repossession, which would have cleared any 'defaulted' arrears... anyway we currently have not been told what to pay per month, we need to sort various things out and unless some of what we make an offer to pay can come from either the csa payment as she is refusing to do it or unless she finally agrees to pay half or something then we can't afford to pay anything anyways...especially as she has all the household items it purchased, could have stayed in the house with all of the benefits of what it paid for etc he walked out with one suitcase but anyway that is not the issue, we have a few things to sort first before the final figure etc.

kevin137

clearingout wrote: »

which will only lead to an inevitable arrears bill....it makes sense to try and put it on hold, yes...but arrears will be building up one way or another.

It only leaves arrears if you are stupid enough not to cater for them... If there is something questionable in a court room that has been done by an ex, then it (in my mind) would be stupid for the CSA to chase the money in the meantime until it is all cleared up. What other stunts could of been pulled if it is actually the case that the ex had someone impersonate the OP's partner...?

Lets be honest, if she would stoop that low in a court room, she would have enough details having been in a relationship to know all his details to do the same with the CSA...!

Putting the money aside is definitely a good idea so no arrears would be owed at the end of it. But to go that far is CRIMINAL and should definitely be investigated and punished...!