Advise please on CSA case

Emmab19973

Good afternoon,
Could I please ask for a little bit of advise. My ex has been paying me monthly for years for two children ( below £100 a month ) but worked self employed for his brother. His payment was always cash in hand and the cash/tax man was obviously not told the correct amount! So the payment he used to make me was very low, he has now recently got himself a "proper" job, so he will be on the books so to speak, but still giving me the same amount.
After giving him a few months to get settle etc I asked him for an increase on the payments that he makes but I was ignored for a good few months. Anyhow, this year I have decided to contact the CSA and start a claim. After a few texts with him complaining to me about CSA contacting him, he has made an offer. Can I please ask, as he now has a new job he pay he takes home a lot more than what he used to declare via the HMRC so will the CSA base the money he has to pay me on his last years earnings or on his new job? He would of had about 4 pay slips now? I know if I accept the offer given by my ex the CSA will close the case and if I do have any issues I have to start the whole procedure again. Any advice would be much appreciated! Many thanks

pmduk

Forgive me, I'm cynical. If you accept his 'pay direct' offer, what's to stop him failing to make payments in the future? He's not shown himself to be honest or trustworthy, so ensure any further payments are made through CMS (you'll lose 4%, but well worth it for the peace of mind IMHO).

Sorry, I can't help with how CMS currently calculate what he'll pay.

Emmab19973

Yes I do agree!

pmduk

As well as you losing 4%, he'll be paying 20% extra on top, but be aware, there are charges for enforcement steps, so make yourself aware of these in advance.

DUTR

Emmab19973 wrote: »

Good afternoon,
Could I please ask for a little bit of advise. My ex has been paying me monthly for years for two children ( below £100 a month ) but worked self employed for his brother. His payment was always cash in hand and the cash/tax man was obviously not told the correct amount! So the payment he used to make me was very low, he has now recently got himself a "proper" job, so he will be on the books so to speak, but still giving me the same amount.
After giving him a few months to get settle etc I asked him for an increase on the payments that he makes but I was ignored for a good few months. Anyhow, this year I have decided to contact the CSA and start a claim. After a few texts with him complaining to me about CSA contacting him, he has made an offer. Can I please ask, as he now has a new job he pay he takes home a lot more than what he used to declare via the HMRC so will the CSA base the money he has to pay me on his last years earnings or on his new job? He would of had about 4 pay slips now? I know if I accept the offer given by my ex the CSA will close the case and if I do have any issues I have to start the whole procedure again. Any advice would be much appreciated! Many thanks

As far as I know , the calculation is based upon the most recent P60 gross figure, this figure only changes if the gross varies by 25% or more either way.
If he has been contributing regularly, then there is little reason for him to not continue doing so, remember though he is contributing not paying (that is probably where the resentment comes from).
Anyways the NRP contribution will be about 12% gross taxable income.

DUTR

Emmab19973 wrote: »

Thanks for the info. I am quite aware it’s a contribution towards my children’s welfare. If it was a payment of course, I would be driving around in new cars, with designer clothes and latest gadgets like he does. Instead of being a law obiding citizen, working full time and paying taxes like I do.

I never accused you of otherwise, just being on the NRP side of things and seeing posts of cases here plus real life, although it's simple wording, it can make a big difference.

sheramber

https://www.gov.uk/calculate-your-child-maintenance