CSA asking for too much

[Guest wino]

I am asking on behalf of my brother. He is a good Dad. Buys everything his kids need and has them just about every weekend or at least every second weekend.

 

He was paying the CSA directly from his wages until he was laid off at work. His Boss informed the CSA that my brother was now unemployed, therefore my brother thought he would not have to tell them.

 

My brother has now got a full time job and the CSA have said he now has to pay arrears for when he was unemployed of the full amount he should of been paying. This was due to the fact even though they admit it is on their records he was unemployed he failed to inform them himself so he would not be entitled to pay reduced payments for that time.

 

They want him to pay £450 per month. After paying his rent etc he is left with £10 to live on!

He told the CSA this and said he could not afford to have his kids on the weekends as he couldn't feed them and he was told if he doesn't have them he will be charged more!

 

He went to see a solicitor who told him that they don't want to take his case on as it is rare to beat the CSA.

 

Can anyone help?

[honeybee13]

Hello. I hope you'll get replies later, but has one of you spoken to the CAB at all? They may be able to help.

 

HB

[Helen2264]

I am asking on behalf of my brother. He is a good Dad. Buys everything his kids need and has them just about every weekend or at least every second weekend.

 

He was paying the CSA directly from his wages until he was laid off at work. His Boss informed the CSA that my brother was now unemployed, therefore my brother thought he would not have to tell them.

 

My brother has now got a full time job and the CSA have said he now has to pay arrears for when he was unemployed of the full amount he should of been paying. This was due to the fact even though they admit it is on their records he was unemployed he failed to inform them himself so he would not be entitled to pay reduced payments for that time.

 

They want him to pay £450 per month. After paying his rent etc he is left with £10 to live on!

He told the CSA this and said he could not afford to have his kids on the weekends as he couldn't feed them and he was told if he doesn't have them he will be charged more!

 

He went to see a solicitor who told him that they don't want to take his case on as it is rare to beat the CSA.

 

Can anyone help?

 

He need to do and Income and Expenditure list and show it to the CSA he can only contribute what he can afford. His primary expenditure would be his rent, electricity, food and travel cost for work then what ever left he can afford to pay then that's all he pays CSA or not they cannot make him pay what he doesn't have. So most important do an Income and Expenditure list what he has coming in and what he has going out. Why did your brother's boss told the CSA and not your brother himself? if his Boss has wrote a letter to CSA telling them that your brother is no longer in his employement I am sure that should be proof enough though obviously your brother should have inform CSA but what ever the CSA is asking if he hasn't got the money he can't pay out it's as simple as that. By law no one can ask you for money you do not have simple and the CSA knows of that law.

 

As mentioned do an Income and Expenditure and offer what he can afford to pay make sure it is all by written letter and posted by recorded delivery.

 

hope this help.

[ErikaPNP]

The CSA are correct in that they are entitled to reach a "default maintenence decision" where a non resident parent does not furnish them with information in which to calculate the sum payable. The default is applied at a rate of £30 per week for one child, £40 for two or £50 for three or more children.

 

They can take up to 40% of his total net where there are arrears.

Expenditure is ignored by the CSA - they may take it into account for the arrears but not for current payments as child support is considered a "priority expense". They can do a variation on child support, where they take into account the following expenses:

 

• keeping in contact with your children (for example, if the parent with care has moved a long way away)

• supporting children who live with you if they have disabilities or a long-term illness (in this case, if the special expenses are less than £10 a week – £15 a week if your income is £200 or more)

• repaying a debt that you took on before you separated from the parent with care, and the debt was for the benefit of the family or a member of the family

• paying boarding-school fees for children who you pay child maintenance for

• making payments on a mortgage, loan or insurance policy to repay a mortgage or loan on the home that you and the parent with care used to share. The parent with care and the children must still live in the house and you must have no legal interest in it.

 

Hopefully there may be a variation he can use to lower the amount they are asking/taking in arrears. He can appeal against the decision and go to an independent tribunal if the CSA refuse to revise their decision on the default maintenence calculation. He can apply for an appeal using this leaftlet which has an appeal application form at the end. If you don't have a printer to print out the application, he can ask the CSA to send it to him, or ask if his CAB or Jobcentre have any they can give him to complete.

[Guest wino]

Thanks for the advice everyone. I will pass it on:-)