Back Payment Advice

kitty.75

Hi There

My Husband has paid CSA for nearly 8 years, the only payments missed were a few months at the begining before CSA had sorted out amount. All payments have come direct from his wages due to a few late payments so ex requested this. He has always accepted amounts calculated when they have done reassessments, sometimes had to call CSA & ask why amounts increased so much. When we married his ex wanted my wage to be taken into account then amount shot right up. Somehow backpay has built up & my husband was paying an extra £20 a month to start paying it back. In April we had a baby & husband changed job, CSA have now said he has to pay £200 a month back pay on top of the £445 he already pays! He called & asked about backpay, asked how they can work out his disposable income & protected money, tell him what his payments are then stick £200 on top when they have worked out he cant afford the extra £200! Somehow he owes over £5000 even though his payments come direct from wages, they are informed of any job changes, always give any info they request so how has this backpay got to so much? Any ideas? How can we sort this?

kelloggs36

Having a DEO doesn't always mean that the correct amount is actually being paid, as he has protected income which cannot be touched. So, even if he should pay (say) 150 pounds, if by taking that full amount, it leaves him with less than his protected income, they can't take it so they take the amount which leaves him his protected amount. The rest is arrears which needs to be collected at a later date. I don't know if this is the case here. Do you have the payment schedule which states what payments should have been to compare what payments were actually made?

I would suggest that you request a complete account breakdown which should state the assessment amount, and all monies paid. It will mention overcharges and undercharges. Undercharges are when an assessment has been changed from a date in the past and backdated with a higher assessment. Overcharges are when an assessment has been reduced and backdated resulting in too much maintenance being charged. They don't link to the actual payments received, which are listed separately.

Your income wouldn't have been taken into account in calculating his liability - any increase would have been either that he was paying below the required amount because as a single person his protected income meant he was unable to afford the full amount - so even with a higher protected income as a couple, the household income allowed the full amount to be paid from then on in. OR his income increased, or a combination of both. If he changed his job more than once and it took them time to calculate the assessment which increased, it quite easily could have resulted in arrears building up. He has to be left with 60% of his net income when a DEO is in place at the very least. So, whilst they are trying to get the arrears collected quickly (and 5k over 2 years means an extra 208 pounds per month) they SHOULD be taking your family's needs into consideration. HOWEVER you will be advised that CSA is a priority debt which must be paid over an above any other liabilities you have, such as credit cards or loans or other financial responsibilities you have other than your mortgage and your council tax. You will be expected to renegotiate your other liabilities first to enable you to pay your CSA debt. Once you have done this and can prove that you are still really left in trouble, at that point they may be more amienable - can't guarantee that though. You need to remind them of their Payment Arrangement Guide which states that second families' needs must be taken into account as some are more harsh than others.

kitty.75

Thanks Kelloggs.
We are thinking of trying to raise the the funds to pay off the back pay in full, even if we have to borrow the money, that way we wont have to pay the extra £200 a month just a small amount to pay back loan instead! So things will be better for us money wise each month! His ex says she is only owed £2000 back pay! But CSA say its £5000! Any idea how this can happen? Also if we do pay full back pay in one payment to CSA will his ex get her full amount owed in one installment? As we have agreed with her that we will try to raise the funds if she puts at least half the money in savings for thier son!
Thanks again
Lucy