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natalie
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I wasnt sure where to post this, so if this isnt the right place can someone from admin move it please.

 

I'm posting on behalf of a friend who is in a complete state.

 

She has 2 children, 14 and 17, both live with Dad.

 

Up until recently (when he and current gf split up) they had an arrangement where she would pay for everything for the children.. .clothes, mobile phones, school trips, all transport costs (not just for her to see them, but all his family too). In fact everything other than food is paid for by her.

 

She is a supply teacher, so her wages vary and she will not earn anything at all during the summer holidays, but they are never more than £500 a week.

 

She has just heard from the CSA who have told her that she has to pay £95 a week, plus £100 a week in arrears.

 

She has been told that the money she already pays out for her children is not relevant, the fact that they live 200 miles away, and so she has to pay travel costs isnt relevant, and that they are going to put a deductions from wages order on her.

 

She is really in a state, she cant afford £200 a week, and she is gutted that she is being treated as though she shies away from her responsibilities to her children.

 

The woman from the CSA was very rude and unkind and told her that they wont deal with queries in writing that everything has to be done over the phone. (I told her not to speak to them on the phone because of the pressure)

 

What should she do? what are her rights and what is the procedure?

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Are the children still in education?

 

Unfortunatly I can only advise from how they treated my other half. He has never missed a payment and always paid his ex straight into the bank, the csa were not involved. BUT, then she went on benefits and had to inform the CSA. They came onto him for 7 years back pay, as if he had never paid a penny. Luckily he had a reciept for every payment apart from a 4 month period when he had moved home and obviously misplaced the reciepts. He was calculated from the day he left and told it was all arrears which he must pay. Because he had the reciepts for almost all the years this was deducted but he was made to pay the missing 4 months again. (that was a joke because the money didnt go to the ex, the csa kept it) He also had reciepts for a washing machine, oven and TV which he had brought her since he left but they wouldnt take those payments into consideration. It dosnt matter what you have spent on incidentals, they are not concerned with that.

 

Between the csa and his ex it was decided that he would continue to pay her in the same fashion and has done so since. But then a few months ago she decided she wanted more and instead of just asking him, she contacted the CSA and asked then to look into his wage. We also live over 200 miles from his daughter and they said this was not taken into consideration. He was asked to show his wage slips or P60 from the last 2 years and he would be assesed on that. However, when the guy he spoke to worked the payment out it turned out that he was actually overpaying by £20 per month so she could have shot herself in the foot!

 

The rules have changed now, he had been calculated on the old rules but there is a set percentage of your wage for each child. They dont seem to have any interest in your own living expenses. They also dont take any notice of things like paying for uniforms or trips. Its a set figure for each child depending on your earnings.

Sorry I cant be more helpful but there are a lot of good people on here who will perhaps advise you better.

Edited by 1stlifeline
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What has she been paying per week up to now? Can she prove this i.e. bank transfers, cheques, as this would be proof that the arrears don't have to be paid.

 

I wouldn't do anything over the phone, as that means no proof!! I would phone back, notify them that they're being recorded, and get them to re-iterate what they've said.

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More than the £95 but it has been paying for physical things.. clothes, phone bills etc rather than giving the cash.

 

I've told her not to do anything over the phone, not only because of proof but also because its so emotive, she just gets very upset and is likely to say / agree to something she shouldnt.

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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take it from me

 

I KNOW FOR A FACT

 

THE CSA WILL NOT TAKE PAST PERSONAL PAYMENTS INTO CONSIDERATION

 

 

This is correct, you should obtain a receipt from the person to whom the money is going, they would take it into account then.

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Hi Natalie,

 

If any payments have been by Standing Order clearly going into the Parent with Care's account that should be sufficient proof.

 

The CSA have a protocol to adhere too, unfortunately for some reason they are very eager to push DEO's and Liability orders through asap.

 

They are however obliged to negotiate the repayment of arrrears.

 

There is a very good web-site that helps PWC (Parent with Care) and NRP's (Non Resident Parents) alike and have a lot of people with expertise based on the CSA. Also there are some ex CSA staff that can give guidance.

 

It is called a Fairer CSA for all.. You will be able to find templates etc. to help you with sending your queries to the CSA.

 

also tell your friend to do everything in writing and sent signed for.

 

There is a big difference between CSA1 (Old ruling) and CSA2 (New Ruling).

 

The age of the children also matters and in what kind of education they are. The 17 year old may well work for example over 24 hours a week and not continue in full time education and should therefore not have been included in the maintenance calculations.

 

So... c u maybe at the fairer CSA for all forum ;)

 

Flo

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