Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

[Inca]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

https://www.gov.uk/government/upload...aintenance.pdf

You may have already seen this Enforcer.
From reading it,they will take Child 2 into account by deducting the £50 a week from the wage your son declares,then assess child 3 from the remainder of his wage and adding their 20% collection fee.
Because you can't get them to acknowledge this on the phone or in writing,Tribunal will be the best place I should think.

That aside...the wages......How is he going to justify the huge drop? They can (and likely will) ask for the last 24 months figures..Th Tribunal might ask why too

This new service has the right to search bank accounts,seize monies and use Enforcement...so the quicker the decisions are made,the better.

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

I accept that he has got himself into a mess. However it needs sorting out, that's what dads are for. The CSA are totally out of order on this one and I intend to fight them.

[Sapphire]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

I'll contribute in the form of a couple of house bricks and an appointment at the vasectomy clinic.

[Never-In-Doubt]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Jesus mate your son has well and truly sowed his wild oats.

But seriously, good luck - hope he sorts this

** shall we start an AAD contraception fund for Enforcers Son

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Inca, no it is not his bank account, not that daft! I pay out of the Partnership business account then transfer to drawings.

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Plan B Mum no 2 was never registered with CSA she refused. This was a family based arrangement £200 a month. They put mum no 3 on old rules original assessment date 25th Nov, changeover date, then moved back to 18th November, old rules as mum no 1 was under old rules.

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Under the 2003 rules they would not recognise a family based arrangement. Both party's had to go through the CSA. Mum no 2 was adamant that she did not want CSA involved. Under the new rules, my son tried 3 times to register child no 2 with CSA under new rules. Nothing happened, I assume because the CSA phoned mum no2 and she told them that she wanted nothing to do with them. March, Son finally got child 2 registered, they wrote to say he no longer had a legal liability for child 3. That is all that they said. So son phoned to find out what this letter is all about. Yes your legal liability has ended for child 3 but you have an outstanding application for child 2 under the new rules, do you want to continue with this? Apparently son said something like there's no point now as it's finished with. Move on to June, letter about arrears, I replied and they said that there appears to be some confusion! They then said that as son had withdrawn his application, the case had gone back to the old rules. Child no 2 not taken into consideration.
It then took until middle of June to re apply to have child no 2 included and case transitioned to new rules. Despite me sending a copy of his tax return 3 times, they chose to use the original figures for an initial assessment. The next day they admitted that son's latest tax return was live, and on the system, but due to their process they now had to do a supersession and mandatory reconsideration, he would have a new assessment by 17th July. Now 21st July Nothing!
Tribunal on 6th August. Tax return is 100% accurate, Chartered Accountants have always done partnership accounts. Just got the bill £1500.00 + vat £1800.00 total. This is a legitimate business.
Thanks for helping, but as you can see they are a nightmare to deal with.

[ATW]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

f they wont take notice of money paid voluntarily to mum 2 then do they suggest that he stops the payments and invites mum 2 to apply under the new rules so they can then assess both kids? Is it the payments to kid 2 that are not recognised that is the problem here or the change in income that they seem to be disputing? I cannot see how they can not follow a tax return unless they are saying that something is dishonest about the figures in it.

[Inca]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Ok.....if it's that broken between them there's no point trying to persuade him a 'civil' arrangement would be the best thing for both of them.....
So.....(and you can tell me to keep my nose out)........is there any particular reason why he doesn't think a DNA test is even remotely a viable idea? I;m a suspicious old boot....I'd need to be 10000000% sure.
What he needs to find out as a matter of urgency IF the stupid CMS can actually supply the correct amounts,,how much they think he SHOULD be paying,,,,and how much in arrears THEY say he is.
Obviously a phone call is the quickest way but I don't think there is any harm to follow such calls up with a recorded delivery letter..it's time to start making a paper trail,,,also include the information of the amounts he's already paid her (£196's)

The more evidence he can present to the Tribunal,the better,,proof that he's been trying to sort this out but being hindered by the CMS.
The new rules and regs are totally against the 'paying parent' now..even I was stunned when I read them,,back in the day when I dealt with the CSA it was a case of,,'your ex hasn't paid us so we won't pay you,thankyou and goodbye'


BTW.....it is HIS bank account the monies to Mum 2 & 3 comes out of isn't it?

[PlanB]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

What's the date of the Tribunal?

Let's see what we can come up with. It's unlikely they'll do anything nasty to your son while the Tribunal is pending.

How confident is he at speaking for himself at the Tribunal? Most Tribunals will allow you to have an advocate to speak on your behalf and this can be a lay person (not a lawyer) such as a McKenzie Friend. He will probably still have to answer some questions direct because the Tribunal Judge will probably want to gauge his attitude to payment as well as his ability especially if they have some discretion as to the amount they can decide.

But an advocate can put forward the legal facts for your son. It wouldn't be fair for him to be overshadowed by the CSA lawyer who will be spouting legal stuff chapter and verse.

I'm not sure if the new regulations would apply to cases already in the pipeline which would still be assessed under the old CSA rules. This is probably what's made it so complicated. He has Mum 2 on the old rules (if her application was made before November 2013) and Mum 3 on the new rules (since the application was made after November 2013).

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

No chance at all.My son does not want anything more to do with her.She is trying to destroy his life. It does seem that this new agency are at least, if not more, incompetent than the csa. They sent a text to mobile last Friday, your maintenance is due in 3 days. Son called them on Saturday to enquire what the new assessment is, they could not help as computers are being upgraded.Called this morning will get a case worker to ring you.Guess what, no one has called. Now he will be in arrears under the new system!

[Inca]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Yes.........
From 11th August both the parents will be charged for using the service
They also have introduced Enforcement to get any arrears owed.......

Is there absolutely NO hope of your son and this girl reaching an agreement without using the CMS?? (it would be so much easier all round)

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Are these the ones where they charge 20% & 4%?

[Inca]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Enforcer.......Are you aware of the new CMS regs that came into force on 30/6/2014?

[PlanB]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

They did not give a reason, in the regulations they state that they can use any relevant earnings within the pre oils 24 months. .

. . . This is the figure, 6 months latest accounts that they asked for and we paid our accountant to get this information for them. They chose not to use these figures.

Could the reason be that they're suspicious of his income declaration since he works in the family business especially if his income has dropped from £29k to £13k while still doing the same job (as Inca has pointed out)? The CSA say they look at the last 24 months (when he was on £29k) and your son provided them with the last 6 months (when it dropped to £13k).

The Tribunal may see it differently if he's got a plausible reason for the sudden drop in income.

Son is a partner in my family business, 3 partners in total. Last year his income was £29,000 gross. This year it will be about £13,000. Our trading year ends 31st March. He draws £1500 a month from his capital account .