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Work schemes to pay less CSA

I have full residency of my daughter and have had for 3 years. A few weeks ago I received a letter stating that the money my ex pays in CSA is to reduce by quite a lot as she's taken a pay cut.

It turns out that she's tied her money up in a couple of Employee benefit schemes where she can pay quite a lot of her salary into it before tax. She has got her new car through this scheme and also receives quite a lot of supermarket vouchers.

I contacted the CSA and they said there is basically nothing they can do as they only take into account what actually goes into her bank account! I thought the CSA calculated the amount from her P46?

She has tried right from me leaving her to pay as little or absolutely nothing towards our daughters upbringing and I find it extremely unfair that her employer has given her a way to do so!

She now pays less than a third of the original agreed amount!

This woman was deemed by CAFFCASS and the courts to be unsafe so safety measures for my daughter we taken out against her.

Can any offer assistance or offer any advice?

Thank you

Comments

  • WYSPECIAL
    WYSPECIAL Posts: 748 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Which scheme are you on?

    Ask for a variation based upon diversion of income
  • eve31
    eve31 Posts: 80 Forumite
    Hi there,

    Benefits in kind from an employer have to be declared on a P11D form and tax paid, so it would depend if the company car is provided by the company or she has acquired it through the employee car ownership scheme, if she has acquired it through the employee car ownership scheme then she is not subject to company car tax or nic so not declared as a benefit in kind therefore not taxable.

    This may be useful re tax liabilities for the supermarket vouchers:-

    http://www.ukgcva.co.uk/downloads/factsheets/fs_tax.pdf

    The trouble is the CMS, readily and happily accept these diversions and have no power or inclination to question them. To personally challenge them takes huge amounts of time, effort and frustration. In addition the general case works seem to have no training in diversion and only more senior staff in the specialist teams have any idea. I suggest you become an expert personally on how she is diverting income, and in the first instance appeal the decision with the end game being to get to a tribunal.

    Good luck.
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