CSA case ending, setting up new CMS

greyharpoon

Hi - I've had a letter recently about my CSA case ending in July

I'm a PWC, 3 kids with ex-H, pretty straightforward case. The kids see their Dad, but he & I don't have any contact.

From what I can gather about the new scheme and how it suits our case - we have two options in front of us - we arrange a family arrangement thingie between us (probably by letter) for a sum similar to the CSA figure he pays now or I apply to the CMS to tell us how much he needs to pay then do the Direct Pay option. I'm perfectly happy to pay the set up fee, wouldn't expect him to.

Don't need the Collect option, there's no reason to suppose he won't pay

The question I have is - if I apply to CMS do they do a whole new calculation? Or do they do a quick re-calc using the same info the CSA have, ie no of kids, his wages etc?

I ask because 1. the calculator on the gov.uk website gives a slightly lower figure for Direct Pay than I get now and 2. His 'net weekly income' hasn't changed since the CSA case was set up nearly ten years ago.

I imagine (but obvs I don't actually know) that his income has increased at least a bit since then, so a full re-assesment and calculation with wages slips and everything could work in my favour. He has a kid living in his household (the new partner's kid) that is of an age where he'll come out of the equation soon, but I don't know when. Sorting it out via CMS would help with that too.

So really, what I'm asking is - if they don't automatically do a whole new assessment/calculation, can I ask for one?

(Someone gonna have a go, calling me a money grabbing PWC, it's not like that, I'm not trying to rip him off I just want to work out what's fair)

Cheers

WYSPECIAL

They will do a complete new assessment based on current circumstances.

justontime

They will calculate his income using the most recent figures from HMRC. He will get a deduction for the child living in his family and for having his own children overnight (if he has them more than 52 days per year.

I don't think it would be unreasonable for you to ask him to consider paying slightly more than the child maintenance calculator suggests in a private (written and signed) agreement. He will probably be glad not to have the stress of dealing with CSA so he may be willing to pay a bit more for a private agreement. If so it would be reasonable for him to show proof of his income (his most recent P60) so that you know it's a fair settlement. If you try a private agreement and it doesn't work you can open a new case.

My husband and his ex now have a private agreement, he pays more than he would if she opened a case and he pays for extras for the children whenever he can. He and his ex still don't speak but it's a lot more reasonable than it was previously. The children (he only pays support for the youngest now) are much happier because its easier for him to help them and it's less stressful.

greyharpoon

Thanks for the replies.

I don't think he'd show me his P60 or declare any income details to me, no matter how reasonably I asked lol

Reassuring to know it's a whole new calculation, thanks.

Gonna phone cm options to get the ball rolling.

shoe*diva79

greyharpoon wrote: »

Thanks for the replies.

I don't think he'd show me his P60 or declare any income details to me, no matter how reasonably I asked lol

Reassuring to know it's a whole new calculation, thanks.

Gonna phone cm options to get the ball rolling.

Its a new calculation but also, the old CSA figures would'nt apply as the CMS formula is different. It works on gross income instead of Net income and goes by his latest P60 figures from HMRC. It is also reassessed each year rather than you having to request reassessments.

missmontana

How did you get on? are your children better off with the new calculation?