Advice for my brother

Pennn

Csa survivor- that's unbelievable. Clearly not an automatic stop then!!

Pennn

Justontime, my brother doesn't receive any tax credits. I believe he pays to the csa but I'll have to check.

Csa survivor, I thought he had to tell the csa when he started a new job in case he had a pay rise. He hasn't had a pay rise in all that time. I think his plan was to phone them to tell them he is becoming self employed and then tell them he has a new address and baby.

His son is resitting his gcses at college and is going for some sort of training based in a work place. He will be earning money but still attending college (his mum has told him he's got to stay at college). His mum is remarried and her husband earns over £80k so I don't think she's asked for support with mortgage payments. I'm sure she would have phoned my brother if she had been trying to get csa involved again.

Csa_Survivor

Csa_Survivor wrote: »

(which he did NOT legally have to do, as far as I am aware, please correct me QUOTE]
The reason I left this open for correction is because I have read a few times now that the CSa stopped automatically reassessing years ago now on Csa1 and have literally left it down to one or the other parent to instigate a reassessment. This has in effect meant that a person could carry on paying their set maintenance payment, get a massive pay rise with their existing employer, or swap employment but no reassessment will be done until one or the other parent asks for it, right or wrong I have seen this mentioned but I am only going by what I have read!
Any increase or decrease will then only be backdated to when either one of those parents asked for the reassessment as far as I understand it? As for going self employed I am not sure whether they may take a dimmer view of that though if someone chooses not to disclose it.

Crellow4

Pennn wrote: »

I agree. I think he needs to phone them.
Crellow4, so his wife's money won't be taken into consideration unless his ex asks her wage to be part of the calculation under csa1?

Partners income is considered when calculating the ability of the NRP to pay for new children in his household. If he has 'new' children with a 'new' partner then it is only reasonable that the CSA ave regard to that parents income. The Protected income calculation was introduced as a 'safety net' calculation - to consider all of the children in the NRP's household as previously only natural or adopted children were taken into account. In the PI calculation ALL the household income is taken into account, however the liability is always the lowest of the 3 calculations. (30% nett income, Exempt Income of Protected Income)

Csa_Survivor

shoe*diva79 wrote: »

if you read the link I posted it clearly states that the paying parent is required by law to inform the CSA of a list of changes including moving address (within 7 days, ending or starting work with an employer, changing phone number, becoming self employed... plus more. Its hardly a scare tactic, it is what is required by law and could see the OPs brother land in trouble, especially if the CSA have been trying to contact him.

Yeah I know what you are saying but I just wanted to throw some balance into this discussion and feel its a little unfair to mention "criminal offence" and have the guy panicking when it looks very very unlikely that he would get fined given how compliant with everything else he has been. There are a lot of laws in life but a great deal don't get used! How many landlords do you see in the paper for serving a drunk when he has already had too much? When was the last time someone was executed for treason, as far as I know that one still stands? Out of the millions of dads with court orders to see their kids that get mucked about, how many of the mums get chucked into prison, I believe that is an option but it is hardly ever used! And, last of all, how many parents with care have been prosecuted for fraudulently claiming child benefit when they are no longer entitled to it, I don't mean told to pay it back which is unlikely enough in itself, I mean actually prosecuted for it! I rest my case!

Crellow4

Change of address is the only change which MUST be notified. Change of employer if method of collection is DEO.

Csa_Survivor

Pennn wrote: »

Csa survivor- that's unbelievable. Clearly not an automatic stop then!!

I cant comment for everyone but certainly not in my case. Your brother needs to ring the Csa after his child leaves college, they now have the means to check with the child benefit office whether child benefit is still being paid to the parent with care for the child in question, the child benefit is what determines generally if chid maintenance is still due.
How well does he get on with his ex, are certain topics not talked about with his child?, its always a possibility that the "childs" circumstances may change mid year, the ex no longer receives child benefit but no one at all informs the dad and they end up paying when they are no longer liable to pay, now that's unbelievable, but very true!
Just bear in mind though that I believe there is usually a child benefit run on after the child leaves college for a few weeks where the parent with care is still entitled to claim child benefit, eg , child finishes college in May or June time, child benefit is still paid until the September.

shoe*diva79

Crellow4 wrote: »

Change of address is the only change which MUST be notified. Change of employer if method of collection is DEO.

Not according to the gov.uk info I posted above.
https://www.gov.uk/child-maintenance/changes-you-need-to-report

PreludeForTimeFeelers

Child support through the CSA/CMS ending due to the child turning 20 is automatic - well, the task to 'end' the child on the system is automatic, it then sits there ready for a caseworker to action.

Child support ending because the child is no longer in receipt of child benefit ISN'T automatic, so in those cases the paying parent or receiving parent needs to contact the CSA/CMS.

patanne

It is always possible that no-one is receiving child benefit already with the new rules as the new partner is earning over the limit and they may have opted to stop the payments rather than pay back through tax! Now that could be interesting!