[Solved] CSA payments

I am pretty sure that you shouldn't be paying and I'd be very interested to know exactly why they think you should be paying - I can understand that you might be expected to pay up to September 2011, but certainly not since then. Have they given any details?

Unless the procedures have changed in the last few years, the threat of legal action isn't as bad as it sounds (and I will ask CMO if they can pop on and confirm or amend my information) - it is in a local court and you will get your opportunity to state your case, and if the CSA are technically wrong, then the case should go in your favour.

Hi, I'm Sarah, a Child Maintenance Options consultant.

Firstly, I would advise that you shouldn’t dismiss the threat of legal action and you should take it seriously - so keep making your payments while you sort this out. And if you carrying on paying then they have no reason to contact your employer.

In terms of whether you should still be paying or not - usually, under CSA rules your responsibility ends if the child is over 16 and has left full-time education. However, there may be circumstances where this isn't the case. For example, if there are arrears on the case. As I can't access CSA case information (Child Maintenance Options is a separate organisation) I can't say whether any of those circumstances apply to your case.

I think the best thing to do is contact the CSA and ask them to explain exactly how they’ve come to their decision. You can always ask them to look at it again if you're not satisfied. Hopefully you can get things resolved and you wont have to go through the hassle of court action.

Finally, if your financial situation has changed, then you should tell CSA straight away, and they will look again at your payments to see if they can change.

I hope this answer helps you.

Ah, I think I put my view across badly there - in no way did I mean that you shouldn't take it seriously, but if it comes to court you get the chance to state your case, and to me it sounds like the CSA are simply wrong.

However, Sarah is the expert on these matters, so I'd definitely go on her advice over mine every time.

Please post back here as I (and I think Sarah) would be interested to know the CSA's justification.

Thanks Sarah and ACTD.
I have had a standard reply and it is as follows:
further to our telephone conversation today, I have sent you the Agency's definition of a qualifying child:
Where the Agency has jurisdiction for a case, a child is a child for the purposes of Child Support if they:
Are under 16 hrs of age
Or
Are under 19 years of age and in full time non advanced education
Or
Are under 19 years of age and CHB is in payment in respect of them
Or
Are under 18 years of age and prescribed conditions are satisfied with respect to them

It then goes on to quote a number of sections of this acts and regs.

What I actually asked them for was the reason they believed child support was still payable.

I cannot verify if CHB is being paid, but i don't recall seeing this in any of the CSA booklets sent out.

As I said previously I had been trying for some time to get myex wife to arrange the Child Maintenance options. It is a far more equitable way.

I apologise for the delay but as I work away I have to wait to get back home to collect my post.
I look forward to your comments again
Regards

Hi

I've asked Sarah if she can give any further advice or comments on this, so keep checking back.

Hi,
I have recently set up a payment for my 6 week old son via CSA, but am still waiting for the payments to begin.
Because of the delay, I have transferred £300 to the mother's bank account so my son isn't disadvantaged.
i clearly annotated the payment with the reference: CHILD MAINTENANCE.

When i first spoke to the CSA, they asked if i had made any payments to the mother for my son, as they would take this into account when calculating my payments. However, a subsequent person i spoke to from the CSA informed me that they will only consider the payment if the mother agrees it was for maintenance and not a previous debt i owe her??

I find this flabbergasting, as I transferred the payment in good faith and it is clearly for maintenance.

Can i argue this with CSA? I want the best for my son, but i don't appreciate being taken for a mug.
Thanks

I certainly would argue this -by annotating it as you have done it is very clear what the payment was intended for. If the CSA control accept this, post back on here and we'll ask CMO to advise - my personal view is that I would write to the CSA to say that you have made a payment directly because of their delay that was solely intended to be for child maintenance. If they threaten action against you, it would end up in the fast track court (small claims) where I am certain the court would agree with you and dismiss the case,and I think the CSA would be aware of this and of pursue it. However, as I said, if the CSA don't agree, come back here and we'll get expert advice.

Hi again.

Based on what you've said, it would appear your child is still in receipt of child benefit. Under child support law, while child benefit is being paid, child maintenance also remains payable.

However, as your child is now 18 years of age and is no longer in education but in employment, it may be that child benefit should not still be paid. If you believe child benefit should no longer be paid for your child you should visit HM Revenue and Customs http://www.hmrc.gov.uk/childbenefit/change-circs.htm.

If HM Revenue and Customs makes a decision to stop payment of child benefit then the requirement for you to pay child maintenance will also stop.

I hope this helps

Thanks for the update.

In essence, the CSA may have concerns over either arrears which need to be paid (but from your email this may not be the case)or the fact there is uncertainty over whether your daughter has left full time non-advanced education.

Therefore, I would persevere with the CSA and try to get them to explain why the payments need to continue.

It might be that you will need to provide evidence of your additional and voluntary payments (through bank statements and receipts) and evidence that your daughter has left education and is now working.

I hope this is useful.

Sarah

Hi I'm Sarah, a consultant at Child Maintenance Options.

I recommend that you contact the CSA (the number you need will be on any letter the CSA has sent to you) and tell them about the payment you have made to cover the delay. Keep evidence of the transfer as they may need you to provide this. If your child's other parent disputes that the payment was for child maintenance she may be asked to provide evidence to the contrary. When the CSA makes the decision they will take into account all the evidence provided.

I hope this answer helps,

Sarah