CSA Have taken more money than agreed

[laineynic]

Firstly I would like to say that this is something I know nothing about and would like some advice.

 

My daughter's boyfriend has two children from a previous relationship. After being of work sick 3 months ago he finally got himself and job. He notified CSA immediately and they sent a payment plan through for the children and to cover the arrears. It works out he pays with the arrears £50.00 per week. He then moved out of his parents’ house into his own flat. Through January to March he only worked 20 hours and his take home pay after CSA was £115.00. He has found it a struggle to pay his rent etc. but with help from his family he has managed. At the beginning of April he was taken on as a comis chef and his hours have increased which means his wages have increased. But no matter how many hours he has done he is still coming home with only £115.00 a week. Last week with the hours he did his employer took £109 for the CSA. If this keeps happening he feels he will have no choice other than to either go home to his parents to quit his job.

 

He rang the CSA last Monday and felt he was being fobbed of. They told him that his employer was paying a percentage of his wages to CSA and he needed to speak to his head office. He spoke to HR where he works he told them about the situation and they said that CSA has changed it from a weekly payment plan to a percentage of earnings.

 

Does anyone know what he can do, who he can speak to? It would be such a shame if he lost his flat and then gave up his job because he doesn’t have enough to live on. He wants to be in a position where he can afford to manage but also he has always bought his children clothes, shoes etc. but fears if this goes on he won't be able to do any of it.

 

 

Thanks

[Stressedandfedup]

When was his case opened? This can make a difference to the advice given.

[jdes26]

Typical of csa

Useless!!!!!!

[laineynic]

As far as I know it was about 12 months ago.He wasn't working at first contact. He contacted them in August 2011 when he started working>

[Stressedandfedup]

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 employer cannot take funds that breach the PI. It'd be worth checking what his PI is as it will state on his letter. If this has been breached then the EMPLOYER has caused it not the CSA. The payroll are fully aware of the DEO rules!

If he is paid weekly then the deductions should b done weekly.

[laineynic]

Thank you - I saw the letter from the CSA yesterday it states the payment plan to include arrears is £50.16 per week. The company who he works for have doubled that and added and admin fee that is why he is paying £119.16. He rang CSA again ysterday and yet again no help from them. They did tell him that it is the HR dept that has set the amount and not them. I told him to go to see the lady who does the wages and get some sort of answers ( he's a bit useless at this sort of thing and needs a kick up the jacksy) I gave him your info to digest and hope he does something.

 

Thanks

[Stressedandfedup]

Right ok. This might be confusing but i willl try and explain...

There is a rule on DEOs (deduction of earnings orders) that says if there isn't enuf wage to cover what the deo schedule is asking for, then it can b made up on the next wage and the next until a new schedule is sent. However this MUST not breach the person's protected earnings rate. a PER is what the person has to b left with after CM has been taken. IE: Gross - tax/ni/pension then csa. Things like union subscriptions, travelcard do not count.

I would get him to check his schedule amounts and PER against his wageslips. If the employer has breached the PER then tell the csa about it.

The employer can only add £1 per payrun, ie if paid weekly, £1/w. (ONLY if a DEO is being deducted).

[laineynic]

My daughters boyfriend has had to move in with us whilst saving for them to get a place of there own. He has 2 children to 2 different people. He has paid manitenance to both ladies of £160 per week plus clothes and shoes as needed. In order for him and my daughter to find a decent hiome they are looking at the very least £500 per month the rent some where. The last 3 months he has worked extra hours to put money away for the deposit and pay debts his ex has left him with.

 

Today the Csa have been in touch and they have advised him that they will be takind a total of £150 per week for the 2 children a total of £600 per month. When he asked how was he supposed to manage to find somewhere to live etc they reeled of the law to him.

 

Having had little dealings with the CSA is this how it is and no changes can be made ?

[The Quen of Darkness]

Sadly yes, in my experience the CSA do not care if your daughter & her family have to live in a cardboard box, all they are interested in is her boyfriends money.

 

Are they now taking money straight from his wages & are the mothers saying he has not been paying & there are arrears? Does he have proof that he has been paying previously? As far as I'm aware, there will be nothing he can do to get the deduction of wages order removed, but he can question the arrears if this is the case.

 

Also please make sure that they have made the appropriate allowances for your daughter's children before calculating his maintenance payments.

 

I wish you & your family all the best, the CSA are hell on earth to deal with

[Ros1609]

£160 per week seems a lot. I know my ex earns £18k+ yet I get well under £100 per week for our two children. I would get the CSA to check the calculation is right. Secondly I presume the money for clothes and shoes is in addition to the CSA money? If so then he needs to stop paying that - his ex partners should be using the CSA money for that kind of thing not asking him for extra

[laineynic]

The total amount taking for his wages yesterday was £598 for both children. Yes it is attached to his wages am I right in thinking that it is a percentage of what he earns? He only worked the extra hours to put the money away so he could find somewhere to live. They are staying with me whilst they save and I love them to pieces but I need my home back.

 

In my naivety I thought that they would take into consideration that they were saving for a home and that he had a reasonable ok relationship with his ex's and would pay what they had agreed between themselves. He offered them both £160 per month and to buy what else was needed. Coats, shoes etc. He had just booked a holiday and was taking both girls he does not think he can afford to do it now.

 

Thanks so much for your advice and support your comments have helped and I am a lot more opened minded than before.

[Ros1609]

No they don't take things like saving for deposits etc into account. The calculation is worked out so the absent parent contributes to the children's upkeep but isn't left out of pocket. I still think he needs to check the calculation is right and stop paying extra money to the mothers. CSA money is for things like coats and shoes, he shouldn't be paying any more on top.

[laineynic]

Just to say the payment is to cover both children at£148.50 per month per child. He has had a letter of confirmation of the amount he has to pay for each I think he misunderstood what the lady had said to him. I have also told him that the money from the csa is for coats and shoes so should maybe not buy as much extras for them.

[Ros1609]

£148.50 per month per child does not add up to the £598 figure in your last post. Comes to about half that amount so where has the extra £300 come from?

[laineynic]

Yes you are right he told me that he would be paying £598 per month for the 2 children?? but when the letter came it said the total per child would be £148.50. All I can assume is that he misheard the person on the phone. He was adamant that when he first spoke to them it was around £300 per child. It has been resolved now so thanks for all your help. I have a better understanding of the csa now.

[Ros1609]

Never assume when it comes to the CSA. Fingers crossed the letter is right and he did misunderstand them on the phone tho cos that sounds a lot more realistic then £600 per month