[Solved] CSA help

Hi benno and welcome to the forum.

I'm slightly surprised that you are having to pay based on your wife's income, I wasn't aware that this was allowed - out of interest was this through the csa's variation process or has she used a completely different process?

If it's the CSA, then it's worth looking at their enforcement process, as this may help you to decide how to proceed. I would first write to the CSA saying that such a large increase will cause you real hardship and offer to pay a lesser amount over a longer period - you need to make a realistic offer, but I would suggest that you suggest paying over 2 years - this would be an extra £67 per month on top of the £200 - and importantly, start paying it immediately, before they have chance to reply. If they don't like it, I believe they have to go to court before they can do anything further, such as attachment of earnings, or send in bailifffs - if they do that and the court (it's not a big deal) hears that you are making reasonable attempts to pay off the arrears, then it's likely the court are going to tell the CSA where to go, and the CSA know this and therefore probably won't even try to go down that route - the CSA sometimes try hard tactics as a lot of people will buckle, stand up to them and you'll probably get your way. The very worst that happens is that the court agrees with the CSA and you are in no worse position than you are currently, but I don't think it will happen.

Hi benno,

Firstly do you work?

Secondly provided the above answer is no, the CSA have no legal rights whatsoever and this is true also in Law in both the Child Support Act (inc updates in 2008) that your wifes wage be considered regarding your "assessment"... you are responsible for your son... not your wife and the CSA should they have processed your application with this knowledge i would strongly urge that you contact... ask for a full and immediate refund or go through legal routes (Small Claims) to recoup the money.

The "secondly" element is however provided that there are no outstanding arrears, you aren't working and that you have made the necessary steps of having not worked since April last year. If you have worked... i would dare say this may be arrears... did you keep up to date?

Hi yoji

There may be a couple of exceptions - firstly if the nrp is assessed at zero because he has no income, but only because he is paying all income to his wife to avoid paying maintenance, in which case there could be a variation on grounds of diversion of income. However, that would be covered by your question on whether benno is working.

The second exception is if the spouse receives tax credits or child tax credits, in which case I believe these are included in the calculation.

I think we need more information to answer this properly.

first thanks everyone for the responses. I work and so does my wife, we have two children together. i child is now 16 in relation to the child support agency, over the years i have had different letters asking for numerous amounts of money which i have paid when asked for. Suddenly last year i received one saying i owed nothing and got a refund of £150. In august last year the boys mother asked for a departure from the csa rules on the basis of my wifes wages. I appealed on the grounds i couldnt afford it and various other reason and lost the appeal. I am not upset about the £200 a month that i have to pay now its the arrears which i couldnt do anything about. I feel like they can say what they want and want any amount and just expect people to find the money. surely someone can help with these jokers!!

Hi benno,

That extra info helps. If you are "happy" that you do owe the arrears, check my posting about 4 posts up, the CSA have to go through a number of procedures to enforce arrears, so if you preempt them as I suggest above, you can probably pay on more reasonable terms.

Of course, the other thing is that even though you lost the appeal (I assume it was a tribunal), you can still appeal further - you should be able to continue paying the £200 per month while this goes on (and it takes quite a long time if you keep appealing) and in he meantime, put £70 per month into a savings account. If you lose the final appeal, pay the money you have saved and then offer to pay the rest over say, 18 months.

thanks actd.
No didnt go to tribunal. I am confused about alot of things. I must be on CSA1 as the child is 16 but yet to receive a nil assessment must mean i am now on CSA2. I am not happy that they can suddenly take a departure on partners earns out and suddenly come up with £200 but i cant see how i can appeal on any grounds. The only consolation i have is he is 16 and i possibly have only a few more years left. I am going to write to them now and ask to pay £50 a month towards arrears. I would be interested to see it in rule book about making me pay back arrears they caused within 7mths which they stated i have to do. Thanks everyone for the help wish me luck.

The daft thing is that you don't need a good reason to appeal, you can just do it as far as I remember (my ex delayed paying for a year by doing that) - but as I said above, don't just offer, start making the extra payment immediately - that makes it less likely that the CSA will seriously take further action, and even less that they'll succeed if they try.