[Solved] Changes to the CSA in 2014

Government has created a scenario which promotes in equality and discrimination. By setting differing access percentage rates RP are still in control of whether or not to use the CSA (?) which goes against their (STATED) ethos. I would love advice on whether anyone has challenged the fact that their ASSESSMENT breaches human rights and damages relationships that fathers have with their children. Mine has gone from seeing him 2xs a month at weekends with stay overs to see my family whilst I now cannot see him at all as I have no money. I dont believe that the CSA takes child welfare into consideration or that it acts in the interest of children it is there to just cream money from a society that is already suffering poverty. Several facts have to be taken into consideration when a relationship breaks down and whilst for a rp little changes for a nrp new housing costs and others have to be met in ORDER for them to be a parent. if a person is homeless and cannot look after themselves how can they look after their child. Both parents need to work towards the childs welfare but to often a RP will decline a reasonable offer because of the emotions attached (from both parties) in the separation. Individual cases need to be put on the back burner whilst the agencies ethos, processes, legality, methods are leglly challenged.

I have read the article and unless I am misreading, it states that the NRP can't be forced into the collection charges as long as they agree to pay voluntarily. So it encourages an 'agreement' between the two parties. If an agreement can't be reached either party can request a calculation at the cost of £25. If the other party agrees to pay then a collection service can't be forced. If the NRP refuses to pays then an application of CMEC costs the RP £100 and then they take 7-12% off the RP and 20% more off the NRP.

I agree that the percentage should be equal 11% each would be fairer.

Any idea when this legislation comes into effect and what the calculation criteria is?

Hi Nannyjane

I’m William, the Child Maintenance Options Consultant.

Thank you for your post. I’m glad you have raised this subject as there are many changes due to happen shortly.

You’re right in saying the government are introducing the Child Maintenance Service which will eventually replace the Child Support Agency. Other Dad.info members have posted questions in this thread, so I’ve split out my post to provide as much detail as I can.

Who are the Child Support Agency and Child Maintenance Service
The Child Support Agency and the Child Maintenance Service are both government-run child maintenance schemes that work out, collect and pay out child maintenance to clients in England Wales and Scotland.

The Child Support Agency manages child maintenance cases set up on the 1993 and 2003 schemes.

The Child Maintenance Service manages the new child maintenance scheme, launched in 2012. It will eventually replace the Child Support Agency to leave one single child maintenance scheme.

What’s happening to the CSA?
The CSA will end all of its maintenance arrangements and let parents know their options so they can choose the right kind of arrangement for them.
Paying parents don’t need to do anything until they receive a letter from the CSA about ending their CSA arrangement, although you could start to think now about the types of arrangement you can make. The CSA will explain in more detail what both parents need to do next when they get in touch.

What happens to your existing CSA case?
Paying parents must continue to make payments until their CSA case is closed, as set out in the payment schedule. Also, parents can report any changes of circumstance as normal during this time.

The CSA will let both parents know what the final regular maintenance payment should be.

Paying parents remain responsible for paying any arrears owed and it is in their interest to clear them as soon as possible by paying what they owe to the CSA. Paying parents should continue to make any arrears payments as per their existing agreement until they are told otherwise.

What are the proposed fees and charges for using the Child Maintenance Service?
It’s not law yet but the government plans to introduce fees and charges in March 2014 for Child Maintenance Service clients.
.
• There will be a one-off fee of £20 for making a new application to the Child Maintenance Service.
People who declare that they are a victim of domestic violence and have reported this to an appropriate person/organisation; or a person under 19 years of age do not have to pay the £20 application fee. But they still have to pay the collection fees for using Collect & Pay.
• For paying parents, a 20 per cent fee is added to each amount of child maintenance the Child Maintenance Service collects from them, if Collect & Pay is used.
• Paying parents are charged a fee even if they miss a payment
• For receiving parents, a 4 per cent fee is taken away from each amount of child maintenance they are due to receive, if Collect & Pay is used
• Receiving parents are only charged a fee when the Child Maintenance Service passes a payment on to them.

There are no plans to apply charges and fees to cases managed by the Child Support Agency.

How can you avoid charges?
The best way to avoid the proposed fees and charges is to set up a family-based arrangement and not use the Child Maintenance Service at all.

A http://www.dad.info/child-maintenance-options/a-family-arrangemen t">family-based arrangement is when both parents work together to sort out child maintenance between themselves, without involvement of the Child Maintenance Service.

However, if you and the other parent can’t agree an arrangement between yourselves and you apply to the Child Maintenance Service, you may still be able to avoid paying further charges.

There will be no collection fees for parents who pay and receive child maintenance using Direct Pay. Direct Pay is when the Child Maintenance Service works out the amount of child maintenance a paying parent must pay, but parents agree between themselves how and when payments are made.

If the Direct Pay arrangement breaks down, collection fees will apply if the case moves onto the Collect & Pay arrangement.

The best way to avoid enforcement charges is to pay child maintenance in full and on time.

Direct Pay
Bobbya & dad-i-d - When charging is introduced, either parent can ask to use Direct Pay, but you may not be able to use your preferred option.

• If the paying parent asks for a Direct Pay arrangement but the receiving parent wants to use Collect & Pay, the Child Maintenance Service will look at whether it’s in the child or children’s best interests for Direct Pay to be used
• If the receiving parent asks for a Direct Pay arrangement, the Child Maintenance Service will always set up the case as Direct Pay
• If both parents ask for Collect & Pay to be used the Child Maintenance Service will set the case up as Collect & Pay

Without a good reason – such as proof of previous missed payments – the Child Maintenance Service cannot force the paying parent to use Collect & Pay and therefore incur collection fees

Direct pay and your past payment history in the CSA
The Child Maintenance Service will have information on whether a paying parent has missed CSA payments in the past, because this could affect whether they are able to use the Child Maintenance Service's Direct Pay service. With Direct Pay, there are no collection charges.

So it's important to pay child maintenance in full and on time as per the payment schedule.

There’s an increase in flat rate payments
Actd - at the moment your ex pays you £5 per week. It’s not clear if she is paying the flat rate or not. If she is, then under the Child Maintenance Service this would increase to £7, not £10. If the Collect and Pay Service was used, you would both have to pay the collection charges – this also applies if child maintenance is deducted straight from the paying parent’s benefits.

If she isn’t paying the flat rate, the Child Maintenance Service will calculate her child maintenance payment based on her gross salary.

Thanks

William

Ok...I am not too sure about this but hopefully someone from the CMO can help.

Currently my son pays the maintenance directly into his ex bank account via standing order.
Before baby was born, he phoned you guys and had the amount he should pay worked out
by the person he dealt with.
All was confirmed in writing to my son.
Once baby was born he set up the standing order in agreement with baby's mother and
has made the payments ever since on time every month.
His ex however threatens him to go to the CSA ( when she " is off on one ") and I wonder
if he would get charged under the new system even though he pays regularly ?

Take care
Kirsten

Hi Kirsten

I think this bit hidden in the above should answer that 🙂

Without a good reason – such as proof of previous missed payments – the Child Maintenance Service cannot force the paying parent to use Collect & Pay and therefore incur collection fees

Ah...thank you so much actd.
Indeed...I didn't come across this hidden bit of info....(perhaps I should get new specs...)
Al least that will come as good news to my son and myself.
Once again...thank you very much.

Have a nice weekend
Kirsten

This is absolutely essential . The CSA has never worked , it created misery for thousands of families and ultimately the further breakdown of relationships between estranged parents ...with the obvious result of unnecessary trauma for the very children they say they are protecting . It couldn't happen quick enough

I think it will cripple me even more, after the CSA take thier cut of my earnings and bills etc im left with on average £80 food and entertainment for the month.
Meanwhile my Ex lives with a new bloke still stops me from seeing my daughter and now i will have to pay an additional 20%

i notice that "gingerbread" is campaigning against the 7% charge to the parent with the child but no one seems to care that the paying parent is being charged so much that in most cases they are in povety (im by no means alone, i have seen cases much much worse then mine)
I do notice that the charges only apply if the parents can not reach an agreement, well who decides what is a fair agreement? what if as in my case the mother who has the child refuses all access to the child, wont even divulge where they live or even communicate with the paying partner, but the paying partner is willing to come to an amicable arangement that takes into account the fact they are on low wage and the non paying partner has a good houshold income...what happens then..i`ll tell you what will happen, the new CSA will just take the money from th paying parent along with the charges and the paying parent will be forced into more debt povety and depression. not that organisations like Gingerbread care about the paying parent ofcourse, we are all clearly selfish gits who want to live in the lap of luxury and see our children starve as far as they are concerned.

CSA the most effective weapon an evil sadistic ex can wield.

I'm reasonably sure I saw somewhere that if you agree to pay (direct pay), then the 20% isn't levied, it's only if you miss payments that the PWC can insist on going through the CSA to enforce payment.

I'm reasonably sure I saw somewhere that if you agree to pay (direct pay), then the 20% isn't levied, it's only if you miss payments that the PWC can insist on going through the CSA to enforce payment.

Thats the thing though, since my ex is not in contact with me (i dont even know where she has taken my daughter) then i doubt i can "direct pay", even though im willing to so it will more then likely end up going against me. she is after all unlike me able to afford legal advice and solicitors.

The whole csa system is built around the assumption that the non resident parent is a low life who refuses to pay. You only have to spend a few minutes on the phone with them to understand that. I dont doubt that there are some out there that have the option to be part of thier childs lives and choose not to, that choose to not pay even when they can afford to, but there is also a lot of us out there that can not be part of our childs lives(in my case an evil ex that i cant even track down), are willing to pay a fair amount but end up being forced to pay a stupidly high amount with no help from the csa just threats. Sadly only the resident parent is cared about. Sorry if i come of as overly bitter but when your on an incredably low wage, 15% is a drastic amount to lose every month.

Under the new scheme you would be paying 12% of your gross weekly wage.

The new scheme gives you two choices. You can either use an amount that you both agree on that covers the costs of raising the child, or you can use a CSA calculated amount - the 12% of gross weekly income.

Your personal living costs will not be taken into account. In all likelihood, the PWC will first give you a figure that reflects the actual costs of raising a child, including housing, power, clothes, food, entertainment etc. It will be a lot more than the current amount you're paying. If you decline that, the CSA (for a fee) will calculate an amount based on 12% of gross weekly income. You cannot decline that else you will not be eligible for Direct Pay.

The best you can do is to stay positive, accept that this will be a cost you have to pay for a great number of years and to budget accordingly. If you let it get to you (as hard as it is not to), it will only eat you up inside.

I am about to find out if I have a job in a couple of weeks.
I have my kids every weekend.
I pay my dues to the RP, as is my duty to my children.
When I lose my job, I will have to sell my house, where the children have grown up for years(I bought my ex out).
I will have to rent, and even if I find a new job which is very difficult where I live, I will not be paid anywhere near what I get now.

So I can see the following happening, and see no way to stop it. Like a runaway train really!
1. I sell my house, my kids have lost their home that they have lived and loved in for years, but it's only a house right? Nope, it's a home that I have as the NRP with my kids, but that's not important in the eyes of the CSA or the Government. I cannot get assistance with rent etc etc, I am not the RP.
2. I rent somewhere that is big enough for all of us, and wait for the redundancy money to run out.
3. I can no longer afford the treats or even to heat the flat I will be living in, and move to a bedsit.
4. My children no longer wish to stay with me because it is too cold and I have nothing to offer them.
5. My Ex goes to the CSA and demands more money because the kids are no longer staying with me. By that time with CSA3, it will be something like £10 per week out of dole money, right? The dole money is the least a person can live on I thought, and £10 has to come out of it?
6. I have even less money, and can barely live, and will not see my children, who are the love of my life.

I ask you, after point 6, what's the point in living?