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

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?

[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.

[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.

[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

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

[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

[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.

[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.

[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

Regarding son's earnings. Our partnership is governed by the 1890 Partnerships Act.Section 24, see how inland revenue interpret this.All partners are "entitled" to an equal share of the profits. Although I have allowed him to take more than his share in the past, from now on he will get his "entitlement" as per the law.

[PlanB]

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

Regarding son's earnings. . . I have allowed him to take more than his share in the past, from now on he will get his "entitlement" as per the law.

This might be the issue which the CSA is focussing on. It may depend on when the "entitlement" was reduced. If the date coincides with a CSA assessment then they'll want an explanation for the sudden change of circumstances or they may see it as a deliberate attempt to downsize his income to avoid child maintenance payments.

My ex-husband went bankrupt to avoid paying for our daughter. He sold his house to his new wife and appointed her as a Director of his company. It was business as usual for them after that while I didn't get a penny. However the upshot is his daughter will have nothing to do with him nowadays, so that made him the loser in the long run not me.

These three children are presumably too young at this point to know what's going on, but sometime in the future they will want to know who their father is and they'll start asking questions. At the moment all they've got to go on will be the stories they'll be hearing from their mothers which may not paint a pretty picture of him. I think your son needs to look at the bigger picture, not just the money.

Has your son considered mediation to broker a deal with Mum 3 or is he relying on you to sort it for him?

[Enforcer]

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

Child 1 knows his dad,still comes to our house with one of my other grandsons. Child 2 every other weekend Friday to Sunday evening, now it's school hols yesterday today in fact at least half of the 6weeks holidays. Changed entitlement 6months before child 3 was born.

[PlanB]

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

Child 1 knows his dad,still comes to our house with one of my other grandsons. Child 2 every other weekend Friday to Sunday evening, now it's school hols yesterday today in fact at least half of the 6weeks holidays. Changed entitlement 6months before child 3 was born.

Good news about contact with Child 1 and that's the Mother who is not seeking child support.

Good news that Child 2 spends so much time with your son. This of course would have an impact on the child support he should pay because he has "shared care". Maybe this Mother is getting too much maintenance?

Sorry to hear Child 3 has no contact though. There seems to be some animosity there which may not be overcome easily. You seem to feel she tricked him into this baby by saying she was infertile when she wasn't. Even if that were the case a baby has been born and a baby needs to eat. That's all the Tribunal will be looking at. Your son's income "entitlement" dropped dramatically after the Mother became pregnant. They'll look at that too.

I think your son should take Inca's advice over a DNA test to resolve the issue of Child 3 once and for all.

[Enforcer]

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

Lets get the tribunal out of the way first. Yet again, they promised to get caseworker to call son back, nothing happened, he seems to think that they have a big note on the screen don't speak to this one! Pass it to someone else. Will call them again in the morning.

[PlanB]

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

Lets get the tribunal out of the way first.

As I understand it the Tribunal's Decision is legally binding.

The Tribunal Case Worker simply collates the paperwork for the Tribunal hearing. They are not the decision maker. Only the Tribunal Judge can make a decision.