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Advice Please

Hi I would appreciate your advice

My partner has recentley declared himself as self employed. Today the CSA telephoned and asked for my details, he said he would not be happy to disclose them. They then threatened to go direct to my employer and take payments from my earnings. Is this legal? I was under the impresion that the CSA are not legaly obliged to know my details.

Any help would be appreciated

Thank you
Regards

Mark

Comments

  • Kimitatsu
    Kimitatsu Posts: 3,883 Forumite
    1,000 Posts Combo Breaker
    It depends are you on CS1 or CS2? If you are on CS1 then after a certain limit it is your household income that is taken into account.
    Free/impartial debt advice: Consumer Credit Counselling Service (CCCS) | National Debtline | Find your local CAB
  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    You don't have to disclose your details but you should be aware of the implications for not doing so. Under CS1 you get a protected income which ensures that after paying maintenance your household is not left below a certain level. If you refuse to give your details then you can not have this protected income and your partner will pay the maximum amount of child maintenance based on his assessable income. If you do not work, or earn very little and have children, then it is probably to your advantage to declare your details as you may actually get a reduction in maintenance. If you work full time then to be honest it is unlikely to make any difference anyway.
  • Sensemaya
    Sensemaya Posts: 1,739 Forumite
    Part of the Furniture Photogenic Combo Breaker
    master99 wrote: »
    sorry to say being honest to csa gets you no where at all. its best to lie they go by what information you give them. so its best to tell them rubbish so youll pay the min.kelloggs some times very rarly gives good advice simply bcos shes bitter but thats down to her. its best you find out what blag you can get away with simply bcos they are out to get the most out of you and leave you with nothing. trust me i know and im doing better for it. its all good being a goody goody but dont get you no where when csa wants all your money.

    Reported for insulting Kelloggs.
  • newlywed
    newlywed Posts: 8,260 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    OH's ex once threatened to take money from my wages for this. CSA replied to my email saying under the new rules they cannot touch my wages since I am not the NRP. So if it is under the CS2 then they cannot do this.

    Kelloggs gives good honest advice for people on both sides of the CSA.
    Newlywed at the point I joined the forum... now newly separated
  • Sensemaya
    Sensemaya Posts: 1,739 Forumite
    Part of the Furniture Photogenic Combo Breaker
    newlywed wrote: »
    OH's ex once threatened to take money from my wages for this. CSA replied to my email saying under the new rules they cannot touch my wages since I am not the NRP. So if it is under the CS2 then they cannot do this.

    Kelloggs gives good honest advice for people on both sides of the CSA.

    If under CS2 this is correct. If they threaten you again, put in a complaint against the person ( after telling them to take a hike :cool: )

    Demand they only contact your OH via letter.
  • karebob
    karebob Posts: 57 Forumite
    Thanks for your replies.
    Unfortunatley my OH is under the old rules. However his previous assessment didn't include me. As far as I know they don't even know my name or where I work, would they be able to find out themselves?
    When he lost his old job, a few months ago, the CSA reassessed his payments to nil.
    When they contacted him yesterday he told them he was self employed, but didn't seem bothered about it. He has made some cash payments directly to the PWC, he doesn't want to not make any payments but I dont see why I should have to. Are they able to make a deduction from my earnings?

    Thanks in advance
    Regards

    Mark
  • aMeLia'S~MuMMY
    aMeLia'S~MuMMY Posts: 2,545 Forumite
    You are not the NRP in this case and therefore they cannot make deductions from your wages, if you do not wish to provide your details then you do not have to, they cannot simply go to your employer and your wage details.
    The nrp has a right to say that you do not wish to disclose your income and an IMA (B) will be put on the case, you need to consider the comments kellogs has said with regard to this. If the IMA is put on the case it will not be backdated to when the change was reported it will be calculated forward from the day it is calculated so you will need to consider this too. ( hope you understand this)
    :A
    This is a do-it-yourself test for paranoia: you know you've got it when you can't think of anything that's your fault.
    Robert M. Hutchins
  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    It is an IMA (B) lol. Anyhow not disclosing your info COULD lead to a higher assessment than he would otherwise get (see my original post). If you want to know if your case would result in a higher assessment feel free to PM me with details of your income and I can let you know what the best course of action would be. What they DON'T do is an assessment based on your earnings - they only use your income when calculating the protected income. They add all the household income together and deduct all the allowances given as protected income, they give you an addiational 30 quid and then 15% of the difference between the household income and what has been calculated as protected income thus far, and add this on to be your actual protected income. The amount calculated is then deducted from the household income and if you are left with the protected income or more, then the assessment will be that amount (provided that it is no more than 30% of your partner's income). If after taking the full amount it leaves you with less than the protected income, then the actual maintenance will be reduced so that you are left with the protected income. Without this safeguard, your partner will have to pay the full amount when he may have been entitled to a reduction. So, whilst it may be annoying that they ask for your details, it doesn't do your household income any good to refuse - it will either make no difference at all, or it will reduce the assessment - it cannot increase it.
  • aMeLia'S~MuMMY
    aMeLia'S~MuMMY Posts: 2,545 Forumite
    kelloggs36 wrote: »
    It is an IMA (B)
    Oh yeah !! C = self employed:rotfl: I knew it didn't look right when I was typing!
    :A
    This is a do-it-yourself test for paranoia: you know you've got it when you can't think of anything that's your fault.
    Robert M. Hutchins
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