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

[Pixie]

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

I don't know anything about CSA tribunals but it seems like your son is being very reasonable. Hopefully the tribunal will see it that way also. £800 a month is ridiculous and downright greedy!

[Inca]

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

What reason did they give for refusing to accept his income??

[Enforcer]

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. Although in the submission to tribunal, they say twice, if the tribunal choose to accept the lower net income. 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.

[Enforcer]

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

See Piranha woman also disposable Dads. Never seen the child and name not on birth certificate, no rights at all other than to provide her with an income, new lifestyle choice for some women.

[Inca]

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

I honestly think the problem lies with the income your son has declared...29k down to 13k is a huge drop whilst still being in the same job,,plus he's keeping to a 'private' arrangement with Mum 2.
The Accountant may have inadvertantly shot your son in the foot by using him to keep the others out of the 40% Tax bracket..
The CSA (as was) were a nightmare for firing out letter after letter all saying the different stuff about the same bloody thing,,and eventually the computer said NO and shut cases down.

Is he in arrears to Mum 3?

[Inca]

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

I know you've already answered this...but is he absolutely 100% undeniably the Father?????

If he is (and if it was me ,,I'd still push for a DNA test,,many a man has said 'yes I'm the Daddy only for DNA to prove they're not,,see Jeremy Kyle show lol).....he MUST get his name on that Birth Certificate,,,not doing it will only store up trouble later in life,,and it's unfair on the child,,everyone has a right to have their Dads name on it.

[Enforcer]

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

Sorry, did post but not showing up. Son is 100% certain that he is the Father, no parental rights as he is not on birth certificate. Yes the CSA say he is now over £900.00 in arrears due to the fact that they used the wrong figures.

[Inca]

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

Well,,they didn't use the WRONG figures (in their minds)..they've chosen to stick to 'Mum 2' doesn't count..
Now,,where did the £196 figure come from for Mum 3?
Is it now being voluntarily paid by your son? Is he paying it religiiously?

Forgetting any arrears CSA (as was) may claim he owes....can you tell me exactly how much he's given Mum 3 (babys not very old so shouldn't be too hard to work out I hope ,sorry for all the questions)

It's going to be imperative that he goes to the Tribunal' with 'clean hands'...that is..having done his very very best to pay for Child 3,des[ite no DNA proof he is actually the Dad. Just 'being sure' he's the Dad isn't enough (unless of course the child has inherited some birth mark or other indisputable thing,,babys look like babys for at least 3 months)
I know I keep banging on about DNA but doing one will certainly give us more time to try and work our way round the new laws. AND if by any miracle,baby isn't his....then his life is going to get so much easier,,specially if you superglue his zipper up lol

[Enforcer]

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

The figure for mum 3 was worked out by taking what he earns,40% of net earnings between mum 2 @£200 balance of 40%to mum 3 on the basics that can cannot ask for more than this.

[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 .

[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?

[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

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

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!

[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).