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Everything posted by csahelper

  1. Hi there Apologies for the delay in getting back to you. There is a lot to take in here.. but i would say as for your son being in education - get the csa to do a child benefit check.. as if this is not in payment then the case should be closed, may be worth getting them to check if your son has ever claimed benefits too. As for the liability order - is there anyway this can be appealed against? The debt wont be wiped off, but they may be a bit more lenient if you explain that you requested the breakdown etc and didnt get it, you want to make payments, just want to make sure they are right etc. As for the payments being made direct to the other parent - they are right on this.. as bad as it is.. if the parent with care denies that the monies you paid were for child maintenance then it goes against you.. may be something you can put in your appeal - if you can appeal against the liability order (sorry im not well up on these things). Anyway, on a final note, im sure your new family will stick by you no matter what and its hard to read the last line of your message. It will never be that bad, you can come to an agreement im sure. Hope you are ok and sorry if this doesnt really help much.
  2. Hi I really think the best thing to do is to contact them - really - it will only get worse if you dont. If the PWC has been in receipt of benefits for the majority of the case then yes the arrears would still be due to the secretary of state (not the csa). And if there are DMD's in place - you dont really need to provide the information you are talking about - where he didnt pay any tax etc.. you could provide other stuff that could maybe be taken into account.. but then the DMD's would still be in place for the times you can't supply info for.. hope this makes sense. As for old rules cases - these have greater penalties should you not provide wage info etc - so this would definitely be in your interests to provide the information. Seriously at least think about contacting them and discussing it - because otherwise it is a one way thing.. csa are just calculating what is owed and then trying to arrange to collect it - if you dont respond - they will have your say for you - and again you will probably come out worse than if you do communicate with them. Request an account breakdown - if your case is or has been old rules - specifically request a full old rules breakdown. And you looked a bit uncertain with percentages previously - it is 15% for 1 child, 20%vfor 2 children and 25% for 3 or more children. The csa can only take 40% of his net income - he must be left with 60% - this is called protected earnings - so the 40% will include the percentage for the child/ren plus arrears collection. Also you said he has started to claim ESA - tell them straight away.. this will reduce his liability sooner and also if on benefits - its harder to collect arrears and wont be pursued as much.. if at all. Hope this helps.
  3. Hi Seanamarts F0xy well said!! What I would say with the bailiffs is that at some point arrears have built up on the case and this is usually from the beginning when the case is being set up. The arrears on the case have to clear within 2 years.. so if he can't pay the arrears off in those two years.. they will look to send it to enforcement for bailiff action.. eg.. £10k arrears In 2 years he will pay £6k towards the arrears The remaining £4k will be sent to enforcement for the bailiffs to collect or obtain a liability order. If he is compliant with them though they may be willing to take the arrears over a longer period - he needs to make it clear that he is wanting to pay before it gets to this stage - but should they extend the length of time he has to clear them - as soon as a payment is missed they will not give him any more chances.. it takes a lot for the case to be sent to bailiffs in the first place - and it isnt usually a preferred method.. takes longer for them and its pretty complex stuff etc. As for your daughter, aslong as the csa have been given all the information - your daughter has done her bit to be honest. There are lots of avenues for the csa then. They do advise 12-20weeks for completing work like this but if they are struggling to find him it can take longer. But no doubt when someone actually picks up her case and realises that they have everything there - im sure it will get moving. As long as the case is set up - at least the arrears are building on her case - and now she will be entitled to all of her child support money even though she is on income support - this will be good for her when the payments do start coming in.. Keep ringing them maybe and chase them to get the work done.. Hope this helps!
  4. If the case is old rules it is calculated alot differently, so rent, housing costs (water, gas, elec, service charges) all taken into account. Prior/existing debts will not be taken into account though. If under new rules they do not look at these things, the only way to get any more deductions is through a variations process.. which looks at debts you may have with the ex partner (from when you were together) and you are still paying for.. if that makes any sense?!
  5. Hi It depends when his case first started? If it started before 03/03/03 - they can take into account rent, other children in household, etc. But if his case has been transferred or opened after this time - it will be calculated on the new rules system - it will then be purely based on his income and will get a reduction if he has any children living in his household.. Hope that makes sense!
  6. That is the max they can take.. depends if he is compliant. If he has one child they will deduct 15%, 2 children 20%, 3 or more is 25%.. then a percentage for arrears.. Rubbish but true.. Hope your friend gets it sorted out anyway.
  7. Hi there Im not sure if you have already found the answer.. but the csa can take up to 40% of your income; for regular maintenance and arrears. You have to be left with 60% of your income - which i presume would then be for things like council tax payments etc..
  8. Hi Just read your message, sounds like your friend needs all the help he can get. What I would suggest is to ring the benefits agency - they have to deduct the £5.00 per week - which is what your friend will be liable to pay per week. They can then 'request' from the job centre that an extra £1 is taken for any arrears accrued on the case. The maximum that can be taken is £1 for arrears. So in total £6.00 for CSA. When your friend gets a job - tell him to contact the csa - provide wage slips and tell him to start making the weekly amount.. If he doesnt they will go straight to his employer and deduct up to 40% of his income.. so it is in his interest to communicate with them. Tell him to find out what his arrears are and that he wants to negotiate a figure with them.. that way he is in control and they wont be able to go straight to his employer.. this may help a little.. Hope thats ok..
  9. Hi The best thing to do is to apply for maintenance through CSA, once they set up the case - the non resident parent is then liable to pay. Obviously it will depend on his income etc, but at least she will start to receive something.. for her children. She is paying for the mortgage and children on one income.. thats tough enough.. she is entitled to help from the absent father. Contact CSA get the ball rolling. If he doesnt comply they can go to the employer to obtain money, if self-employed can go through liability orders/bailiffs, accessing his bank account - freeze money etc.. Hopefully wont come to that and he will pay what is due to his child.. think people can forget that the money is for the child.. ah well.. hope this helps, if you need anything else let me know.
  10. Hi Natalie If your partner has no other income other than DLA - he will have to be assessed at £0.00.. £5.00 per week is the set amount if in receipt of a prescribed benefit i.e. JSA/IS and Incapacity benefit is sometimes taken into account.. DLA definitely isnt. He needs to make sure he explains this to them - contact them asap and tell them no other income.. they will trace this through Inland Revenue.. and then hopefully will be assessed correctly based on the DLA. As for taking money from your incapacity benefit - this could only be done if it is a joint claim - but again.. it shouldnt be pursued as he should be assessed to pay nil.. Get them to revise the amount in place at the moment - as they used the incorrect information.. Hope that helps a bit..
  11. Hi there CSA Cashcow.. The CSA liability is worked out weekly.. Find the date when your case originally started.. or the last assessment calculated - any assessments calculated on your account will all be to the same day. So take your son's 19th birthday.. then go back to the day the case originally started on.. this will be the date the case closes.. EX: Initial start of case - Wednesday Sons 19th birthday - Friday Go back from yours sons 19th birthday to the Wednesday - this is the date the case will close. However when they are looking at the closure of the case - it may not necessarily go from the 19th birthday - if child benefit ceased to be in payment to the other parent prior to this - the case is closed from that date. Hope that makes sense. As for cancelling your standing order.. cancel with the bank. If its a direct debit - contact csa immediately and get them to cancel at their end - then cancel it with your bank - they will reject the payment should csa try to claim. May be worth seeing if you have arrears on the case though.. as you will still need to make payments. Hope this helps..
  12. Hi there, Yes unfortunately that is the way - as rubbish and unrealistic as it is.. shared care will only apply if the child stays at least 52 nights per year. The other thing you could do if you don't have your children for this amount of time - is apply for a variation - this would mean you could apply to try and receive a reduction for things like travel costs. Also - if you have your children for time throughout school holidays etc.. add them up.. it doesnt have to be 1 night per week.. just 52 nights per year - if you understand me.. As for going self-employed - this wouldnt really solve anything and could end up causing you more trouble in the future. Really not recommended at this stage - as the csa is soon to become cmec - who will have a lot more powers.. you will be surprised. Hope this helps.
  13. Not a problem, should you need anything else, let me know! And hope you all get everything sorted.
  14. Ah ok - well that makes it a bit clearer.. so they told you he must pay £367 from xx .. but for whatever reason they are sending you £166.. well in that case there isn't really much else i can say.. other than 'wait for another breakdown..'! Complaints could be your best bet..! They will complete outstanding work on your case and then at least you will know where you are up to - even if it isnt the outcome you required.. Hope you get somewhere with this all anyway, and i really hope you get it sorted asap. Need anything else though, let me know!
  15. Hi Angel409 Tell the CSA that his daughter is no longer living with the parent with care - ask them to investigate this. They will need to establish if she left full time education? Or the date when child benefit ceased to be in payment. If child benefit is still in payment to his ex it can be difficult to prove. The case will need to be closed though, it is just the difficultly they will have confirming the effective date of the case closure - especially if his ex will not confirm these details. Try to give them a pretty accurate date as to when she left the household. Contact them asap. With regards to the AOE still in place - if the case does close then an account breakdown will be completed and this will show if you have made an overpayment - if you have this will be refunded back to you - can be lenghty process though so be patient (2 months). Hope this helps..
  16. Hi Seanamarts! 1. First point - the employer can not deduct more than 40% of your daughters partners net income - you have 60% protected income - so if this has been breached then this is breaking the law and he should speak with his employer about the amount they are deducting. With regards to being made redundant - the csa can only act when the change actually happens or if you can confirm a date when it will happen.. you need to tell them as soon as you know this - they can then start to recalculate. With regards to the liabilty order/bailiff action - this is very unlikely as payments are being made, they have to follow legal procedures first - like issue warning letters for missing payments, if these payments have been made then they cant pursue.. they have to understand that there is only so much you can physically pay. However - if an agreement is in place to repay arrears - and this arrangement is not going to clear the arrears in 2years - legal action can be applied.. so it does depend on the amount of arrears. If he is soon to be made redundant - arrears will be suspended until he has another source of income - and then once this new income starts - the procedure will start again.. hope this makes sense! 2. Sorry to hear this about your son. With claiming DLA - an assessment cannot be made on this income - if your son has no other income this will be a nil assessment. If he claims another benefit - this will be £5 per week liability.. if he can prove he has shared care - the assessment will be reduced to nil per week. The next part is a bit unclear.. you say they were maintenance direct - so the CSA calculated how much your son should pay? Then he just pays her directly? If this is the case - it may be that the csa have recalculated how much needs to be paid - and not realised the case is maintenance direct -if this is the case - contact them and get them to confirm this with the other parent - once this is proven, he can get his monies refunded to him. However, if the other parent has decided that she wants the csa to start to collect the money - they can just approach your son for this.. The CSA have to have been instructed by someone first.. I would need more specifics on that to help you there.. Hope the above helps..!
  17. Hi Bathspray Ok - firstly - you NEED to find out how much your current liability is.. how much should you be paying per week? Ring today/tomorrow/tuesday asap.. find out.. if you are not working.. tell them - this is a change of circumstances and this will be calculated from the date you notify them. No income = No liability. If you claim benefits - you must pay £5.00 per week. So as you previously said - claiming benefits wont mean you pay nothing - and if you claim benefits and work - you could be breaking the law there. If you are saying that you are self-employed but earning the minimum amount - tell them.. the assessment will more than likely lead to £5.00 per week. I am not so sure what your current situation is - so i cant help much there.. let me know exactly and i will be able to help a bit more. With a liability order - this means should you come to sell your house - that much is due to your ex.. i dont believe it makes you homeless.. as this would not be in the best interests of anyone - so dont worry about that. When you receive your file - go through everything.. look for any contact you have made with the csa which suggests you can't afford to pay, your income is lower, anything that suggests you are not able to pay - this would mean they should have recalculated based on new income. They will have to use tax returns and they will get these from inland revenue.. It is really hard to help you here as I dont know specifics. You could try to ask for the court hearing to be postponed whilst you await your casefile? Just a thought - when you receive it - maybe see citizens advice bureau? Or solicitor? Or let me know! You need to be aware though that no matter what disputes you have with your ex - the case will stay open until your daughter is about 19 or until she leaves school/college. So you have a long way to go - the arrears will keep building and more charging orders can be applied for if you do not start to pay - if you can prove you have no income - then they can not make you pay.. and the arrears will be suspended until you do have income.. I want to help but i am struggling as i am guessing at details here.. message me if you want to discuss specifics?! Hope this helps anyway.
  18. Hi there Rachie1973.. You are in a tough situation. Firstly, if you have been overpaid, you do not need to repay it. If your case is still active, they will more than likely reduce your weekly liability, ask them to reduce it by £5 per week or something.. as you need the rest for the welfare of your children.. If your case is closed and you are only receiving arrears payments then they can't really do anything about reclaiming the money back from you, and they money will have to be paid back to the non resident parent from elsewhere. I agree that it is crazy, but new breakdowns can be calculated for a number of reasons - changes in circumstances, especially with money coming direct from wages - if his income has changed - the amounts available to send to you can change too - hence new breakdown, new payment schedule. Also may be good to know that it is the employer that deduct the money from him - not the csa - so if the employer deduct the wrong amount and send that in - then the csa can only forward this on to you.. also they often send it under wrong reference numbers.. which in turn causes further problems in releasing payments to you.. It is frustrating, and difficult procedure.. I hope this helps you.. i feel i may have rambled for too long now!!
  19. Hi Firstly, the liability order has not been applied for yet, this is a lengthy process. The main thing is for your brother to make contact and start to comply. The only reason they will go down this route is if people are self-employed, because they can't go to an employer for a deduction from earnings. And secondly, they will apply for this liability order if the non resident parent is non compliant. Your brother needs to request an account breakdown, showing the different amounts he was liable to pay from different times. He can offer to pay whatever he is liable to pay at the moment - this will ease the pressure from the csa. If your brother has paperwork to confirm the amounts he needs to pay (£0.00 as you say) then he can contact the csa and see what they have to say about this. It may be that the amounts have been recalculated (revised) at some point in time - if this is the case - the new liability will stand no matter what and your brother is liable for the debt calculated. Best bet is to contact them and see what they say, account breakdown, offer to make payments - liability order will be postponed - but beware - bailiffs usually come before this so.. your brother needs to act quick.. Hope this helps, if you need anything else let me know.. as it is difficult to reply as your message is a little vague with the life of the case etc..! Thanks!
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