Advice for common problems you may face.

worriedsick85

Hi
My ex is now going down the CSA route purely because I have refused to stump up £200 for xmas this year. I don't have it! I pay her, voluntarily, £75 a month. That's not a lot, but after rent, living expenses, car etc, it is all I can afford and live. I couldn't even afford to by my girlfriend anything for her (big!) birthday this year which was so upsetting.

I am petrified. The CSA site implies I'll have to pay £150 a month. That will mean me having to move back home with my parents to live. And, what petrifies me the most is the thought of them backdating the payments. My son is 10 at Christmas.

Initially I didn't pay anything because she disappeared out of my life when he was 6m old. About 7 years ago I received paperwork from her solicitor for her husband to adopt my son. I agreed. They didn't go ahead - it was some kind of test!! Since then, she contacted me for me to see my son. Against my better judgement I did. For her only to try it on with me and destroyed her marriage and seriously damaging my relationship.

She has now converted to Islam and living with a man as his wife (not actually married). And taking me to the CSA.

I am out of my mind with worry. Please - especially the CSA employee - can anyone offer me any help or guidance. This has the potential to destroy my relationship, affect my parents, and even potentially bankrupt me.

thank you

kittkatt82

Hi Caseworker, it's great that you're on here and giving up some of your time to help people out

A few quick (hopefully!) questions -

My husband's pay is made up of a basic salary, weekly bonus (taxable but not paid during periods of holiday) plus a weekly non-taxable subsistence allowance. Plus he earns overtime roughly once a month.

Please can you confirm whether all of this is taken into account for the calculation under CSA2 (even the non-taxable subsistence?).

I believe that he is currently assessed on earnings approximately £100 per week more than his actual take home pay as they assessed using payslips over 5 weeks that he did overtime. Can we ask for a re-assessment using annual figures as his wages fluctuate?

I have heard that working tax credit is now being used in calculations. Does this include the childcare element of working tax credit?

Also, he is due to go on paternity leave as we are expecting a child. He will have very little income during the month due to 2 weeks paternity leave followed by two weeks annual leave. Will he be required to pay the same amounts of maintenance during these weeks?

Many thanks for your help

CSAworkerx

worriedsick85 wrote: »

Hi
My ex is now going down the CSA route purely because I have refused to stump up £200 for xmas this year. I don't have it! I pay her, voluntarily, £75 a month. That's not a lot, but after rent, living expenses, car etc, it is all I can afford and live. I couldn't even afford to by my girlfriend anything for her (big!) birthday this year which was so upsetting.

I am petrified. The CSA site implies I'll have to pay £150 a month. That will mean me having to move back home with my parents to live. And, what petrifies me the most is the thought of them backdating the payments. My son is 10 at Christmas.

Initially I didn't pay anything because she disappeared out of my life when he was 6m old. About 7 years ago I received paperwork from her solicitor for her husband to adopt my son. I agreed. They didn't go ahead - it was some kind of test!! Since then, she contacted me for me to see my son. Against my better judgement I did. For her only to try it on with me and destroyed her marriage and seriously damaging my relationship.

She has now converted to Islam and living with a man as his wife (not actually married). And taking me to the CSA.

I am out of my mind with worry. Please - especially the CSA employee - can anyone offer me any help or guidance. This has the potential to destroy my relationship, affect my parents, and even potentially bankrupt me.

thank you

i need to know a few things first, What do you earn? Are you on a flat salary or does it fluctuate? you can pm me the details if you dont want people to know.

Just on what youve said, id bite the bullet and find the 200 for xmas, assuming your pwc will then close the case with us. In the short term youll be worse off but after a few months youll be alot better off paying the 75/month.

do you have any shared care? Would you consider having any?

Do you have any other children you are supporting?

what i mainly need to know if what you have been assessed on. ( income )

PreludeForTimeFeelers

There's not really a lot you can do, I would consider posting your financial details on one of the other boards here to get their advice. If you've worked out an estimated assessment on the CSA site entering your income details (minus any allowance for overnight stays/other children in your household) then that will be fairly accurate.

Her situation doesn't affect your assessment - she could be married to a billionaire and it wouldn't affect your weekly liability. I'd be wary about giving her the £200 - what's to say she won't take that and still keep the case open? If she's using the CSA as a threat this time, you can't rely on her not doing this again in future.

xoAmyox

CSA worker, I just wanted to say thank you very much for your useful advice.

I was wondering if you could please elaborate on forms of proof for overnight stays. We have got a diary as you suggested, and also have text messages/emails surrounding most of the dates that the child has stayed over - is there anything else that we can do to ensure the case is assessed at the right level?

TIA!

CSAworkerx

xoAmyox wrote: »

CSA worker, I just wanted to say thank you very much for your useful advice.

I was wondering if you could please elaborate on forms of proof for overnight stays. We have got a diary as you suggested, and also have text messages/emails surrounding most of the dates that the child has stayed over - is there anything else that we can do to ensure the case is assessed at the right level?

TIA!

sounds like your doing enough to me, I would advise any activitys you do with your child like going to the cinema for example, recipts could be kept, but based on the fact you have a diary and emails id say your doing more than enough if a dispute should occur.

CSAworkerx

kittkatt82 wrote: »

Hi Caseworker, it's great that you're on here and giving up some of your time to help people out

A few quick (hopefully!) questions -

My husband's pay is made up of a basic salary, weekly bonus (taxable but not paid during periods of holiday) plus a weekly non-taxable subsistence allowance. Plus he earns overtime roughly once a month.

Please can you confirm whether all of this is taken into account for the calculation under CSA2 (even the non-taxable subsistence?).

I believe that he is currently assessed on earnings approximately £100 per week more than his actual take home pay as they assessed using payslips over 5 weeks that he did overtime. Can we ask for a re-assessment using annual figures as his wages fluctuate?

I have heard that working tax credit is now being used in calculations. Does this include the childcare element of working tax credit?

Also, he is due to go on paternity leave as we are expecting a child. He will have very little income during the month due to 2 weeks paternity leave followed by two weeks annual leave. Will he be required to pay the same amounts of maintenance during these weeks?

Many thanks for your help

Ok, so your husband will be assessed as follows

basic salary - taken into account
weekly bonus - taken into account, it will be avaraged based on the year, meaning even though he may have 2 weeks off, the avarage will still stand.
subsistence allowance - wont be taken into account.
overtime - if weekly and it only shows on 1/5 slips, not used.

on CSA2 the above is whats taken into account/not taken.

As your husband is paid weekly, you need to ask for a re-assessment and provide 5 newer slips, if you want to avoid hassle id advise you tell ure husband not to do OT for 5 weeks, and send those slips in, if we dont see o/t we cannot assess on it, If he some how must do that o/t, id advise you inform the caseworker to put on freetext that the overtime is irregular and you want it classed as such.

All tax credits are taken into account if the nrp is the primary earner, therefore child tax / working tax will be included.

as for paternity, we can do future change of circumstances, we call them scheduele 1 paragraph 15's, However, Whether or not they will use this for the 2 weeks paternity im not sure, Your best bet is to phone in and inform us nearer the time that ure husband will be taking 2 weeks paternity and inform us that you will call in on the day it starts, If worst came to worst, We can allways re-assess based on those 2 weeks, then again re-assess when he comes off paternity. Tho youll still have to pay the 2 weeks at the higher rate.

Congratulations on your new child, btw.

Oh, and you are ofcourse aware once that child is born and registerd you will need to phone in and add a "relevant other child" to your claim, which will lower the assessment.

worriedsick85

thank you CSAWorkerx

I have used the calculator so expect it to be right. Unfortunately she lives so far up the country from me I have no access at all, let alone staying over. And not practical as have nowhere for him to sleep! I've been denied access since he was 6m old, save 2-3 visits where she simply tried it on with me!! I don't have any relationship with my son, so can't possibly expect a 10 year old to travel hundreds of miles to stay over with me and no way can I have his mother come to stay! So that's a no. Have no children in my current household.

One worry I do have is my girlfriend's income. We are meant to be moving in together. Would they assess her income in this? It has nothing to do with her (other than being my partner) and she has nothing to do with my son or ex. It wouldn't be at all fair on her to end up having to help support a child that has nothing to do with her in any way at all. If so, this means that it has a significant impact on my way of life as well as my income. I won't be able to live in my current flat with maintenance that high, forcing me back with my parents. Which isn't exactly ideal as an adult who left years ago. And not their fault either, so unfair that they be lumbered with me back too.

She hasn't actually started any case yet. This is simply a threat. I thought, but she denies it, that any maintenance I pay would be deducted from any benefits she gets. She recons not. I can see how she could hide the payments I make now, but wouldn't if it were formal via the CSA.

I am changing the title of my payments each month to quote that it's maintenance for my son as suggested, thank you for that.

re the £200 the position in at the moment is that she'll wait to see if I find it, so wait until December, before either continuing as we are or going to the CSA.

I appreciate, as every reader will be shouting by now, that she is totally playing me here but she holds all the cards and has all the governmental departments in her favour, despite the fact that SHE left with my child, out of the area and totally disappeared, she withholds him from me, suddenly came out of nowhere with a new name and demanding money or taking me to the CSA! Over and over again.

I'm trying to arm myself with as much facts as possible - as knowledge is king so they say. So that I'm both prepared for the worst but also in an informed position to know what's being inflated and what's true.

I do seriously worry that she could backdate payments by 10 years despite the fact that I'd happily have paid for and had access to my son all this time, and it's not down to me that I didn't get the opportunity! The only thing I didn't do is take any legal action of my own to demand access, but I thought I was doing the right thing for my baby at the time.

CSAworkerx

Ok, your partners income would not be taken into account on the 2003 sceheme, which cases with 1 child are currently still being taken on, pretty certain its not taken into account on the 2012 scheme aswell, prelude would be better to help you there.

Secondly she cannot backdate anything, if you ever recive a phonecall that goes like this

Hell is that "YOUR NAME"

My name is caseworkerx, im calling from the child support agency, can i take your national insurance number, Do you accept X is your son?"

The moment you answer that question, is the day your liability starts. so dont worry about back dating.

She will have the CSA for the next 6 years minimum and up to 10 should the child remain in education, thats somthing you have to live with unfortunatly. Its sad to see its being used as a weapon, but at the same time its her legal right.

shoe*diva79

worriedsick85 wrote: »

thank you CSAWorkerx

I have used the calculator so expect it to be right. Unfortunately she lives so far up the country from me I have no access at all, let alone staying over. And not practical as have nowhere for him to sleep! I've been denied access since he was 6m old, save 2-3 visits where she simply tried it on with me!! I don't have any relationship with my son, so can't possibly expect a 10 year old to travel hundreds of miles to stay over with me and no way can I have his mother come to stay! So that's a no. Have no children in my current household.

One worry I do have is my girlfriend's income. We are meant to be moving in together. Would they assess her income in this? It has nothing to do with her (other than being my partner) and she has nothing to do with my son or ex. It wouldn't be at all fair on her to end up having to help support a child that has nothing to do with her in any way at all. If so, this means that it has a significant impact on my way of life as well as my income. I won't be able to live in my current flat with maintenance that high, forcing me back with my parents. Which isn't exactly ideal as an adult who left years ago. And not their fault either, so unfair that they be lumbered with me back too.

She hasn't actually started any case yet. This is simply a threat. I thought, but she denies it, that any maintenance I pay would be deducted from any benefits she gets. She recons not. I can see how she could hide the payments I make now, but wouldn't if it were formal via the CSA.

I am changing the title of my payments each month to quote that it's maintenance for my son as suggested, thank you for that.

re the £200 the position in at the moment is that she'll wait to see if I find it, so wait until December, before either continuing as we are or going to the CSA.

I appreciate, as every reader will be shouting by now, that she is totally playing me here but she holds all the cards and has all the governmental departments in her favour, despite the fact that SHE left with my child, out of the area and totally disappeared, she withholds him from me, suddenly came out of nowhere with a new name and demanding money or taking me to the CSA! Over and over again.

I'm trying to arm myself with as much facts as possible - as knowledge is king so they say. So that I'm both prepared for the worst but also in an informed position to know what's being inflated and what's true.

I do seriously worry that she could backdate payments by 10 years despite the fact that I'd happily have paid for and had access to my son all this time, and it's not down to me that I didn't get the opportunity! The only thing I didn't do is take any legal action of my own to demand access, but I thought I was doing the right thing for my baby at the time.

Your case would be a new case so No backdating to worry about. If you have looked on the calculator and worked out that your payments would be £150 then your net take home must be £1000 per month as the current calc is 15% for one child, no deductions as you do not have him to stay overnight.

This still leaves you £850 a month, plus if your moving in with your girlfriend, her salary (assume she will be contributing 50% of rent/bills) to live on.

It is your exes legal right for child maintenance and as of april 2010 child maintenance no longer affects any benefits received so she would receive every penny. 15% is the legal minimum you should be paying.