Reassessment of csa claim...

craftingqueen_2

My ex has been paying for our three children for the last 10 years through the csa.We have been struggling for years on the money he has been paying.As the CSA will be changing ,would it be unwise to ask for a reassessment done.He has been paying the same amount for this amount time with no increase.Don't get me wrong i'm not a money grabbing person me and my husband are struggling big time at the moment.Any advice would be grateful.

kelloggs36

I am surprised that you haven't had a reassessment within the last 10 years - the recommendation is to be reviewed every 2 - 3 years, but with high workloads this has fallen to the wayside somewhat!

There is no harm whatsoever in asking for a new assessment - it will be under the old rules though, so all his housing costs will need to be gathered and they may have increased even if his income has as well, so there are no guarantees that there will be a change. Do you know what your ex's circumstances are? Does he have any more children etc? Do you know where he lives etc? Does he have your children overnight for at least 2 nights per week?

craftingqueen_2

hi kelloggs36

my ex has remarried got no more children as yet.But he has just brought a house for £170,000.Our children visit him maybe 1 or 2 weekends a month when he wants them.When he first paid the csa he was renting,so not sure if his housing costs would have raised that much.
Worried if i do go for a new assessment i will be worst off,but maybe thats the chose i have to make.

kelloggs36

The other option is to have the case closed for 13 weeks, and then reapply. That way, you would get 25% of his net income. No housing costs would be taken into consideration as they aren't allowed under the new rules. The only problem is that you would have nothing for 13 weeks, and then it would take time to get the new case up and running. Do you know how much he earns? If so, you can work out if you would be better off under the new system than you are now?

CGG

kelloggs36 wrote: »

The other option is to have the case closed for 13 weeks, and then reapply. That way, you would get 25% of his net income. No housing costs would be taken into consideration as they aren't allowed under the new rules. The only problem is that you would have nothing for 13 weeks, and then it would take time to get the new case up and running. Do you know how much he earns? If so, you can work out if you would be better off under the new system than you are now?

Is this 13 week rule applied when an original Maintenance Order, dated 16 years ago stated the words "until age 17". The payments were regularly made. No arrears, and the file subsequently closed after the childs 17th birthday?
Then, over 4 months later on a court letter arrives stating they have been advised that the child has taken up further education, and that the PWC is reapplying to 'have the maintenance re-instated'. Would this be dealt with under the original Court application for maintenance, or because at least 13 weeks have passed since the old Order finished, it comes under these 13 week rules - whereby a straight 25% of the NRP's income is awarded for maintenance?
Thanks

kelloggs36

It looks like it, although if it is to be reinstated, it may be under the old rules - I would need to look at the letters tbh. Usually anny case under the old rules which have been closed (for whatever reason the PWC chooses), then provided they wait for 13 weeks before reapplying, then any subsequent case will be assessed under the new rules. In the case you describe, I am not sure if there are any grounds for getting the old case reinstated, but if so, then if there is provision for backdating it would be linked to the old case and assessed as before. I would check this with them, as it is odd that you got a letter from the Court and not the CSA here. Maintenance is payable until either the child's 19th birthday if they are doing a non-advanced course, such as A levels or equivalent (as listed by Child Benefit) or the date at which Child Benefit ceases, whichever comes first, so it may have ceased because they thought that the child was not continuing with education and then reopened, in which case it may well be under the old rules.

CGG

Thanks for replying kellogs36.

Do you mind if I PM you, with a word-for-word copy of the letter my DH received last week?

kelloggs36

Of course not!! PM away.