CSA and a change of circumstances

bench0_1 · 12 May 2007 at 4:58PM

I have just had to take care of my son from my ex because she can not cope at the moment and is having depression problems. I have managed to get him into my school. Where do I now stand with the CSA as at the end of the month they are going to take 260 out of my account which is going to make it very difficult to look after him. In addition I know that she is now going on holiday next week to try and help her get her head sorted out! At the moment he is with be for the forseeable future (that is why i have put him into a new school) as we do not know when she will be feeling well enough to have him again. What should I do???

gypsyjanet · 12 May 2007 at 5:12PM

I would think that this means that there is a change to your circmstances and you are temporarily the parent with care. If I were in your position I would get in touch with the CSA and explain the situation to them.

bench0_1 · 12 May 2007 at 5:16PM

I have done that, however they now say that they need to speak to her which could take some time as she is going out of the country on tuesday for a week! Wish I could afford to just get away from it at the drop of a hats notice!!!

justontime · 12 May 2007 at 6:36PM

It is vital that you get the Child Benefit transferred into your name straight away. We took my 3 step children at 3hrs notice while their mother had a personal crisis. They lived with us for over 4 mths, new schools, new uniforms new clothes etc etc, it was massively expensively. We informed CSA in writing and could provide proof from schools etc, but in order to be understanding to their mum we didn't notify child benefit. We left it a week or two to see what would happen, then when the subject was broached with her she got hysterical because she said they would charge her with fraud because she had still been taking the Child Benefit (and I suspect she was also claiming benefits for them). Anyway CSA refused to do a change of circumstances because the mother said it was only temporary and she had been getting Child Benefit all the way through. We could even prove that she didn't have a home to accommodate the children (she had been evicted) but we ended up having to pay CSA for the whole time we had the children. It seems that they use payment of Child Benefit as proof of who is the resident parent.

TheWaltons_3 · 12 May 2007 at 7:10PM

Don't pay it - use it to see a solicitor, OR, explain to the mum who is going on hols... that yoy are broke and need it!

Mr_Green_Genes · 12 May 2007 at 7:38PM

justontime wrote: »

It is vital that you get the Child Benefit transferred into your name straight away. We took my 3 step children at 3hrs notice while their mother had a personal crisis. They lived with us for over 4 mths, new schools, new uniforms new clothes etc etc, it was massively expensively. We informed CSA in writing and could provide proof from schools etc, but in order to be understanding to their mum we didn't notify child benefit. We left it a week or two to see what would happen, then when the subject was broached with her she got hysterical because she said they would charge her with fraud because she had still been taking the Child Benefit (and I suspect she was also claiming benefits for them). Anyway CSA refused to do a change of circumstances because the mother said it was only temporary and she had been getting Child Benefit all the way through. We could even prove that she didn't have a home to accommodate the children (she had been evicted) but we ended up having to pay CSA for the whole time we had the children. It seems that they use payment of Child Benefit as proof of who is the resident parent.

They tried that on me. I pointed out that the CB point was irrelevant (which it is by the way) and the law didn't allow them to take money from a PWC and give it to an NRP for their administrative convenience. If the child lives with you, you are the PWC, no ifs, no buts. Don't let anyone tell you otherwise. I won my point by refusing to accept the lies the CSA were feeding me.

Errata · 12 May 2007 at 7:47PM

Try and sort it out with the CSA, but in the meantime ask your ex for a cheque for £260 dated to coincide with your CSA payment going into her account.

bench0_1 · 13 May 2007 at 1:12PM

Unfortunately the CSA take the money direct from my pay so I can not with hold the monies. In addition because my ex is on benefits she only recieves the minimum amount about £10 per week so I cant get any money from her either! It looks like I am going to get screwed again as I asked her to phone yesterday when i phoned her at 4 in the afternoon she was already drunk and said she couldnt phone them now! Once again the pwc (although she hasnt been since friday) comes out on top and is getting mine and the tax payers mony while she'll be sunning herself on a beach in the south of france!!!

kelloggs36 · 13 May 2007 at 1:46PM

You need to put in your claim for Child Benefit, and get a letter from the school to confirm that the children are attending there and that you are the main point of contact and the address that they are registered at etc. Do the same with the Doctor. Once you have this evidence, send it to the CSA. The issues with child benefit are complicated as normally it has to be in payment to the PWC for them to get CSA, but Child Benefit doesn't work the same way in which the other benefits work, as it is possible for there to be no overpayment of Child Benefit if a person who no longer has the child keeps the Child Benefit in their name but gives the money to another person who is looking after the child. You need to get as much evidence as possible to help your case. Good luck.

bench0_1 · 13 May 2007 at 6:29PM

many thanks luckily my son will be going to my school so a letter from them will not cause a problem at all. However what do i do about child benefit? Will they ask how long i have got him for because at the moment i do not know. She says she can not cope and we are going to reassess the situation at 1/2 term (2 weeks time). In addition if she did take him back how long would I have to have him for to be reassessed on the new system of csa? this is only because I have used their maintenance calculator and due to the amount i have him my payments would be reduced by £75 per month! thanks for all your help on this guys hopefully together we can make the world a better place for children with split parents.

kelloggs36 · 13 May 2007 at 7:18PM

Check out the Child Benefit rules on the Inland Revenue website, this will give you guidelines which they follow in determining when Child Benefit is awarded. It depends on what happens if your case gets reassessed under the new rules. The existing case would have to close altogether, and this may not happen, especially if she has him back after a couple of weeks, so don't expect it to happen. However, if you successfully get the case closed due to your change in status, from NRP to PWC then I am not sure if the situation would change if your son were to return to his mother and she then have to claim again. I shall see if I can find out.