CSA deduction from earnings

kazz45

My partner has a private agreement with his ex to pay maintenance for his children, however he’s just found out that despite making regular payments every month, ( an amount previously agreed by him and his ex), the CSA has also been taking money directly from his salary at source, can they do this? I’m certain that he’s not in arrears of any sort and I thought that was the only reason they would deduct money from his earnings, is this correct? Is his ex legally allowed to take money from him via the CSA if he’s already giving her money every month? His eldest child is currently at university in their final year.

HoneyNutLoop

The CSA doesn’t exist anymore. It will be CMS.

She’s entitled to make an application, even if they had a private arrangement.

CMS would then have written to your partner to tell him about the application, the income figure given to them by HMRC and an estimation of what his payments would be. The letter includes contact information for him to get in touch to tell them about any other relevant factors and how he would prefer to pay.

A period of time would have passed and they’d have written to him again about the finalised calculation. If he didn’t respond to the first letter and the applicant asked them to collect, they can now go straight to collecting from his pay. The first letter sent warns about this outcome.

Your partner needs to contact CMS and let them know about the payments he has made directly since the case began. They can adjust the figure owed at that point. He’s probably stuck with the DEO for a time though. It’s possible for him to still owe arrears, if the amount he was paying under the private arrangement is less than the amount CMS has calculated he should pay.

If he’s still within one month of being told about the finalised calculation and it doesn’t take account of all relevant factors, he can ask for a mandatory reconsideration of the original decision. If he is outwith the month, he should still tell them, but they wouldn’t backdate any new calculation; it would only go from when he tells them.

Deano777

No, it’s either one or the other.

Now it’s gone to CMS he no longer has to pay the private arrangement.

He won’t have to pay for the child at university.

He will have had a letter sent out by the CMS so look at it carefully to make sure he’s paying for what he should.