Appealing a CSA decision

[Ros1609]

Has anyone ever been successful?

 

My ex husband has moved in with his girlfriend and her 4 kids which means my money has dropped by £17 per week. Its a big drop considering our children are aged 3 years and 2 years so I can only work part time at best because childcare costs are crippling even with extra funding my Health Visitor got for me. At the moment I'm back on full benefits as my little boy has been diagnosed with development delays and I couldn't juggle work and his various appointments

 

The CSA said I could appeal the decision but few were successful and they warned me my money could drop even more as a result. Not sure what to do

[Ros1609]

Anyone got any advice?

[jdes26]

Yes

Try to agree a private agreemant

[Ros1609]

I won't get a private agreement. My ex resents having to pay any money towards his kids

[tinkerbell_2k12]

I won't get a private agreement. My ex resents having to pay any money towards his kids

 

This sounds a little too fimilar of a situation, my son has development.delays too.and.my sons father refuses.to pay for his son, everytime i rang csa up they were just draggin their feet so i rang up and told them.i was sick of their hot air and that i wanted to speak.to someone more senior than them, they soon took out a deduction of earning order out, he finished his job because of it.

So my advice would be to ring up and tell them.you want a recalcuation and if they say they think its right tell them you want to speak to.a supervisor or management or the.complaints department they the would have to.look at the case again

[Ros1609]

Sent my appeal letter off. I actually doubt it will change anything but at least now I know I've tried

[Ros1609]

Had a short letter back to say they have received my appeal and will be contacting me again when it has been lodged

[babyd85]

The only way you can appeal your ex getting an allowance for the kids in his partners house would be if he actually didn't stay in this house. if he does stay then it is legislation and he has to get the allowance.

[Ros1609]

I appreciate he has moved into a house with children - I'm not disputing that. I'm asking they relook at the amount they have taken off me as 25% is too big a drop

[babyd85]

I appreciate he has moved into a house with children - I'm not disputing that. I'm asking they relook at the amount they have taken off me as 25% is too big a drop

 

They don't take 25% off you. They take 25% off his net income then give you your 15%, 20% or 25% depending how many kids you have. For example

 

Your ex without kids in his household

His net income is £200, say you have 3 kids so you get 25% of the £200 = £50 weekly maintenance

 

Your ex with 3 kids in household

His net income is £200, your ex gets 25% taken off his net income of £200. £200 - £50 = £150 you then get for 3 kids 25% of the £150 remaining of his net income = £37.50 weekly maintenance. So your maintenance reduces by £12.50 not 25%

 

Hope this all makes sense

[Ros1609]

Well the letter I got said the payments I recieve drop by 25% and this was confirmed by the CSA on the phone and having received my first reduced payment and doing the maths thats whats happened if you see what I mean? The figures they gave me show his maintenance drops from £69 per week to £52 per week

[Wayne0]

@babyd85... you are wrong on that

 

IF the earnings are below 200 AFTER the "RC discount" he goes to reduced rate: so £5 for first 100, then 15/20/25% for remaining...

 

so following your example: 150 left over

 

he would pay £5(for 100) plus 15% of £50. = £5 + 7.50 = 12.50

 

actually, i believe I Am wrong too on this, for reduced rate the %'s are higher... i believe 19% ffor 1 child between 100 and 200... (check csa website)

[*Thumper]

The calculations, are the calculations !!

 

If his new partner has 4 kids, then his payment to you will be reduced.

The only worthwhile appeal you have, is if the figures are wrong.

 

And you should be able to work it out, based on wjhat you use to recieve.

You can also use the CSA, online calculator, to help you.

 

This is why, voluntary agreements are far more advantagous, for the benificary.

Too late now, he'll pay less, because he has new dependants.

[Ros1609]

Well we'll see what the tribunal has to say about that not someone on an internet forum

[*Thumper]

You asked for advise. I fail to understand, your response.

 

Indeed, the tribunal, will decide.

But understand, that if he has new dependants, the calculations change, downwards, I'm afraid.

 

Let us know the outcome..... it aint over, till its over.

[Ros1609]

Hmmm well maybe no need for a tribunal after all. My ex husband has split up with his girlfriend and moved back in with his mum. Time will tell if its a permanent split or if they just need some time apart but apparently he has already phoned the CSA to tell them of the change in circumstances. Think Imight give them a ring tomorrow just to be sure tho