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Everything posted by Stressedandfedup

  1. Kk: why are you being aggressive? How about giving constructive advice instead? Shredder: I understand how letters like that can exasperate your condition as I've had several on a Friday/Saturday which left me with panic attacks over the weekend. And it doesn't help not being able to get through to speak to someone. Try and remember they have to do this and it's not personal. They have an obligation to defend benefits/taxpayers from fraud. Unfortunately their letters are usually very vague unless it's something concrete like an award letter! It might be an idea of you asked the CAB,
  2. Firstly make sure that the CSA have an up to date assessment for him. A deduction of earnings order (DEO) can only take up to a certain limit. (I'd have to check but on new cases I think it's maximum of 33% of net income). That's including the regular maintenance as well as arrears. The employer will not have been told to take a percentage of his earnings, they will have been given a s hike with actual amounts on. Ur daughter's boyf would have had a schedule with the same amounts for his information. By law, the NRP has to b left with a certain amount (protected income figure) and the
  3. I'm sure child maintenance shouldn't be considered. Is it paid via CSA? CM should be disregarded due to a change a few years back. I think it was the section 6 repeal to do with PWC's as benefit claimants. Sshould be a total disregard. If JCP had used CM as income then use that bit of legislation to stop them. Hope they decide in your favour about the sanction.
  4. Instead Of a SAR, which will cost u £10, ask for a payment statement. Also how does ur ex make his payments?
  5. Has the case already been assessed and up and running? Has the CSA contacted you about DNA?
  6. When was his case opened? This can make a difference to the advice given.
  7. Jadey, the delay could be the fault of the employer not sending in the payments on time, however Nhs will probably have a sent a bulk payment and itinerary for the CSA payments team to separate and allocate the right payments to the right case. Then it takes a few days to process thru the system. The payment schedule u were sent should really be used as a guide to how much, and the dates as the approx dates it's due. If I rcv the payments roughly the time time every month then go by that.
  8. Sorry jadey I got u mixed up with the OP! Thought u were asking y UR partner should pay for ur kids!!
  9. She wouldn't be paying for your kids anyway in the 'old rules'. The old formula worked out a protected/exempt income rate for you. Only this would b affected by ur partners ability to pay towards the rent etc but her income would not have been used to work out UR net income. Basically it's a 3pg formula that works out how much ud pay if u were single then works out how much u would get exempt including the basic cost of having a dependant. I.e. of ur partner didn't work at all, u would have got a higher amount of protected income. Ur assessment would not be higher if ur partner is in work, onl
  10. Hi Thank stressed, Here goes, so you know a thing or two about it. My daughter will be 17 in November. I have been giving her mother £200 a month for over 15 years as a maintenance charge standing order. I do plan to go self employed very soon which I believe to be in my benefit??? If becoming S/E is your preferred choice it's really all down to personal choice. As you don't have a CSA case your ex will have to accept that the amount yiou are currently paying is going to go down. In fact the CSA law would back you up on that. Believe it or not the CSA believe that the assessment must be fa
  11. if the Qulaifying child is attending 'Futher education' they will still be 'qualified'. if they attend 'Higher education' ie uni, then they will not be. If the QC is staying on at school/going to 6th form, then the CSA can request data from Child Benefit Agency as the CBA will send a letter to the PWC to request evidence of her eligibility to still receive ChB. th QC can do things like an apprenticship and similar as long as it will be 'Further' ie nvq's a'levels, and still be a QC. if she starts uni, then the QC will become ex-QC. Bear in mind that that start of the academic year in in s
  12. The status of 'Qualifying Child' absolutely ceases from the QC's 19th b'day. Your were paying the basic rate of CM from the sound of it and JCP will only allow £5 approx/w to be taken anyway. If you don't mind saying so, how much do you owe in arrears? If you ex is owed the money she can ask to have your circs looked into to see if they can attempt to collect from you. But if she does that persistently, they will tell her to pack it in. once every 6months is enuf! The CSA will probably have something to flag your case up every so often regarding the arrears outstanding. What i siggest yo
  13. The CSA acts on behalf of the law so you need to pursue with thought. The phonecall you made to tell them your were unemployed will be logged onto your case (this is atomatic) so you can ask for a DPA print that'll cost £10 (the same as a SAR) which will include (would be an idea to specify) screenprints of the contact log between you and them. Also request an Account Breakdown. If they decline, then insist as you are entitled to have it. Look thru the SAR and if you can show that you made a call to them at the time, they will have to act on it. Otherwise they will be 'failing to act' on
  14. Hi Mallrat. Gbarbm is correct as long as your CSA case was opened before March 2003. If it was open afterwards, as I believe your case was seeing as your daughter was born 2006ish, then the Child Maintenance formula is based on your Net income (Gross - tax and nat ins and a bit of pension)(and soley your income), and the number of children you have in your household and the number of children you have to pay for outside your household. If you live together, you should call the CSA asap to advise them you have a child in your h/h as it will most likely lower your assessment. Bear in ming t
  15. If a NRP doesn't pay for his child/ren then of course the CSA can, by law, take the money from them. Why should the NRP be allowed to get away with it? Personally I'm glad the CSA exists as my child's dad would never pay a penny otherwise. I get £5/w that's taken straight from source. Also he had arrears for a while so the CSA got a LO and he FINALLY arranged to pay it off. He's now cleared them but it took him to realise he's liable to pay for our child BY LAW. It may not be much but it's something that can be put towards the next pair of shoes etc.
  16. Just to point out, the CSA taking a NRP to court for non-payment ie to obtain a LO at a mags court, is NOT a criminal prosecution therefore a jury isn't applicable. However the NRP can request that he has a 'local' hearing (not a bulk hearing at a desinated mag court whete the NRP doesnt get chance to speak to the mag) so he can challenge the amount the CSA says he has in arrears. The magistrates cannot look into the assessments as they have no remit to do do and it's only the clerk that has the legal knowledge. If an NRP disputes the amount owed, then really he/she should have this investi
  17. Coniff: compliment. Will try and remember it for any calls I may get!
  18. If it name is on the land reg, then the CSA has got a charging order for ur ex on the property wrongly. Get solicitor to write and insist the c/o is removed. Good luck Ps they can't force the sale as u and ur children r living there.
  19. @conniff- brilliant!!! That's proper trolling!!
  20. Just so u know, if uv sent the SAR to ur usual CSA office, then it'll b an extra day or 2 as they re-direct it to the correct office ok. 3 months = 90 days last time I checked lol! Maybe they've added another 2weeks to help their stats This time though, is so they can get all the relevant wage details in I think.
  21. Then the CSA is not legally allowed to place a charging order on the property as it is impossible to determin how much each person would b apportioned if the property was sold. First I would check with the land registry that it is indeed in both names (will b on ur property deeds but if u can't find u can check it on the land reg website, although it will cost sonething). Then send it to the CSA (with a coveting letter and put his Nat ins number on it) and insist that they remove the charging order ASAP. The CSA should have done the land registry check before applying to court for the ch
  22. Any increase in the amount that needs to b taken on the DD they must send u a new schedule 14 working days before its due (this is banking standard). U should also get a call and letter to advise u of ur new assessment. If ur income hadn't gone significantly up, then neither should ur new assessment. Best thing u can do is put aside a few pounds so when they do call u to say ur new liability is x amount/week and therefore from effective date to the schedule run date, the resulting arrests r z amount, and ask if u can pay it off (over and done with) or part of it, u can pay it by debit card
  23. Just re-read the post: u say they've got bank statements to show payments made to the CSA. Did daughter's hubby partly pay by standing order or chq or DD? If so, the CSA can ask their 'banking team', as it were, to dig out the receipts. Sometimes the CSA has to do this if, for example, the NRP forgot to put his/her NINo or case number on the S/O instruction. Worth checking.
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