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Hi all,
I'm new to the forums and hopefully will be able to get some advice with CSA issues 🙂
Here's the story-
I split with my childrens mother about 7 years ago, at the time we both signed an agreement which I still have to pay maintenance monthly instead of using CSA for our 3 childres, which I have paid every month and never defaulted. As well as this I have also paid towards school uniforms, school dinners, trips, and all other stuff kids have whilst looking after them.
Anyway, my eledest daughter is 19 in May and my ex mentioned to me during an argument that she stopped receiving child benefit for her last year. I'm assuming it was at 18 although she won't tell me and my daughter no longer sees me as her mother as posioned her mind against me.
So, I wrote a letter to my ex saying due to this, I was recalculating using the CSA calcalator and reducing payments per month according to the new rules, ie net pay, nights I have kids etc.
She obviously didn't like this and next thing I have a CSA letter and enquiry form.
My questions are:
1) Will CSA take into account that I have paid maintnenace monthly, there is a question asking this and it is marked on my direct debit as child maintenance so I can prove from the bank that she has been paid all of this money
2) One of my daughters came to live with me for just short of 10 months and during this period, I still paid the full maintnenace to ex and I received the child benefit - am I entitled to claim CSA payment for this period? If so, do I open a new claim or put this on the enquiry form?
3) Does school dinner money and buying clothes (because she wont supply them during access) count as maintnenace payments?
many thanks for any help, I have 12 days to complete the form so would appreciate any quick advice.
Hi
The CSA will only calculate from the time your ex asked them to take the case, presumably about the time your wrote to her, so anything before that is completely irrelevant. With regards the current payments, the CSA have a habit of ignoring payments made directly unless you can prove that it is for maintenance - if it says so on the standing order, then that covers you, but if not, the document you signed would certainly help towards an argument "on the balance of probabilities" which is the standard of proof in civil courts (not directly relevant here, but possibly worth mentioning if it came to it). The basic rule as far as the CSA is concerned is that the maintenance paid covers everything, and you don't need to pay anything else, but it's virtually impossible to do anything about clothes/school dinners if she won't pay as the CSA simply won't include this in their calculations.
Thanks actd.
So at the moment I'm still paying her via standing order, should I continue or stop this? I would prefer for it to continue as long as CSA are not going to double charge me.
Any advice about item 2? 🙂
Hi stop paying her ,as from the date your ex made a claim is the date you will have to pay from so you will end up paying both. Is the 19 year old out of education ? The 10 months your daughter lived with you will not be taken into account as you should have claimed at the time. you can go on the csa website andd calculate how much you will be paying. csa is being scrapped in 2014
Yep, I agree - stop paying her immediately, but pay the amount into a savings account - that way when the CSA come after you if there are any arrears, you'll have the money set aside.
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