CSA Payments seem way too high - HELP!

grimsbyavon · 14 April 2011 at 8:40PM

My husband has recently made his first csa payment through his earnings which seems rather high to me. He only works part time and as we have 2 children to support, aswell as a mortgage and bills to pay, it seems a lot for them to be taking around £70 PER WEEK to pay for his son from a previous relationship. They practically took half his earnings without considering his new circumstances. He has contacted them regarding his payment and sent details of his incomings and outgoings but that was nearly a month ago and we still havent heard anything. He gets paid monthly and we dont want these high amounts coming out each month if we dont have to as we will be struggling to support the current family unit. I understand he should be supporting his son financially but at the same time think our kids will suffer and go without in the long term as his payments seem so high. Does anybody know how they work out how much should be paid, i think he has a debt with them from not paying previously but surely they need to take into account his current situation and just take money that is left within his means. any advice would be appreciated. thanks. (by the way he doesnt have any say or get to see his child due to ex not letting him even though he has done nothing wrong, she has just said he cannot see him which i think is totally wrong how he has to pay when she dictates whether he can see him or not)

kingfisherblue · 14 April 2011 at 8:53PM

Usually, assuming the NRP earns over £200 a week, it is 15% of pay for one child, 20% for two children and 25% for three or more children. When there are children in the household where he is living, a disregard (same percentages) is applied before the above percentages are worked out. Reductions of one seventh per week can be made if the child stays overnight once a week, two sevenths for twice a week.

From what you have said, there should be a 20% disregard (for your two children) and then your husband should be paying 15% for a single child (his son with a previous partner).

The formula for earnings of less than £200 a week is more complicated - hopefully someone else can help with that.

If arrears are due, the CSA can take upto 40% of earnings. They aim to clear all arrears in two years.

Income can include tax credits, as well as wages, although it seems to be a bit hit and miss if tax credits are included as income.

This is one CSA2, for cases opened after March 2003. No housing costs or bills are taken into account, but neither are a new partner's earnings.

grimsbyavon · 14 April 2011 at 8:57PM

my partner earns under £200 a week as he is only working part time, probably earns around £160 a week before tax etc.

fannyanna · 14 April 2011 at 9:04PM

The CSA calculator shows that maintenance should only be £16 per week (paying maintenance for one child with two other children in the same household as the NRP).

As mentioned before if he has arrears they can take upto 40% of his income (which would be £64 per week).

If they've taken £70 they are above the 40% threshold (although only just).

Have you got a payment schedule which breaks down what the maintenance liability is and how much is paid towards arrears (if any)?

grimsbyavon · 14 April 2011 at 9:15PM

we dont have a breakdown of the maintenance liability, he just received a letter saying they would be taking money from his earnings and thats what they did! They didnt take into account his cureent situation with our two children etc so wasnt sure if that would make much of a difference. Do you know if the ex gets all the money or just a percentage herself, i think he would prefer to put money into a savings account in his sons name so only he can access it when hes older, i.e by the time hes 18 he would have a good sum in the bank for a car or deposit on house etc, can this be arranged does anyone know, that his partner agrees to monthly payments into an account for his son instead of paying csa payments to the ex?

fannyanna · 14 April 2011 at 9:19PM

The ex will get the full amount.

The money could be put into an account but this would need to be via a private arrangement which the ex would need to agree to (which I think would be unlikely).

The child maintenance is supposed to help the PWC raise the child so I'm sure she would rather receive the money herself.

I suggest you contact the CSA to ensure that they have calculated maintenance correctly.

bdt1 · 14 April 2011 at 9:36PM

ok..........................................what you need to do is write to CSA, send letter recorded delivery, keep copies of everything and print off royal mail signature as proof CSA received your letter.

Explain that you wish to appeal the recent CSA decision/assessment on grounds that your existing children in household have not been considered (you should get allowance for them), I would also state that you wish to challenge the income of your other half!!

CSA are crafty you need to know their laws better than their own staff - there are plenty of us on here with experience who can help you.

When you state you want to appeal the decision, send any relevant info/documents to CSA, if they refuse to look at or change the assessment this gives you full appeal rights where you can ask for an Independent Appeal Tribunal to hear your case, then it is out of hands of CSA, yet dealt with by a Judge.

Also ask for your Data Protection File, NACSA have a template, it will cost a tenner, but should hold all relevant info to the case including assessment calclations etc.

In meantime if your other half employed they will put at Deduction Earnings inplace whether he owes the alleged amounts or not, please also put in writing a request for an account audit and account/payment breakdown, CSA don't usually like providing these, as they are always wrong!!

If after all of the above contact your MP, they have a CSA hotline and some can be very useful, others more useless, but worth a go

bdt1 · 14 April 2011 at 9:41PM

May also be worth considering, if your other half has bank accounts in his or joint names, look at how much funds in these, as CSA can take money as they see fit from bank accounts, also if your other half earns more than yourself, then any CTC/WTC can also be used as income so think about things. If they are stating he has arrears they will come gunning for him soon, be prepared for letter threatening prison, bailiffs etc etc, it is commonplace.

Keep us posted as there are lots you can do to protect yourself and your family home from CSA, but just seek help early so we can help, lots of us been there got t-shirts, CSA are bullies, and do not often adhere to their own laws

grimsbyavon · 14 April 2011 at 10:01PM

Thank you BDT1, i just find it so wrong how they can take so much from his earnings to give to the ex for supporting their son yet leave our family that has 2 kids with less. At the end of the day his ex will probably be getting tax credits etc that wont get reduced even with us paying the maintenence yet our benefits for our situation and family can be reduced. just seems so wrong. Especially when she now has a new partner etc to support them, its like they are getting more money than the average family as they are getting csa payments on top yet our family who has 2 kids to support is getting less as we have to pay for them if that makes sense. just hope we can get something sorted coz the only winner here is the ex as far as i can see it. (dont mean that to sound harsh as i know she has his son to support but at the end of the day we also have 2 kids to support ourselves, he works to support us yet were not getting all the benefit from it)

iamana1ias · 14 April 2011 at 10:08PM

Why does he only work part time? Do you work?

PreludeForTimeFeelers · 14 April 2011 at 10:13PM

grimsbyavon wrote: »

we dont have a breakdown of the maintenance liability, he just received a letter saying they would be taking money from his earnings and thats what they did! They didnt take into account his cureent situation with our two children etc so wasnt sure if that would make much of a difference. Do you know if the ex gets all the money or just a percentage herself, i think he would prefer to put money into a savings account in his sons name so only he can access it when hes older, i.e by the time hes 18 he would have a good sum in the bank for a car or deposit on house etc, can this be arranged does anyone know, that his partner agrees to monthly payments into an account for his son instead of paying csa payments to the ex?

I'd advise calling them to ask when the calculation was done, and how much the weekly amount is - you also need to make sure that they are taking into account the children you have living in your household. If they haven't been taken into account then you will need to get the case reassessed as soon as possible.

CSA Payments seem way too high - HELP!

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