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Hello to all working dads
I work for a Limited company, where the CSA calculate my payments from my Paye and by any dividends.
However, the CSA are estimating my dividend in advance of the year end. Where in the last year dividends received were " zero £" as I stopped being a share holder, in addition the company has not declared any dividends for the year so if I had remained a share holder it is likely I would have not received any dividends either way. They CSA say I did not inform them in advance of the share holder changes and so the amounts due stand. I am in dispute over the dividends payment cacluations and have advised the CSA that I wish to appeal. I know from previous issues with the CSA that if I pay their demands in full now and in the event I do win my argument they will not credit and/or refund any over payments. Hence I am currently only paying by standing order the amounts calculated for the Paye element, until such time my appeal is heard. However the CSA have informed me that they or seeking to obtain payments in full by an attachment of earnings order via my employer.
My questions are:
Are the CSA allowed to estimate dividends in advance of the dividends been declared of the year end.
Can I get a refund in an over payment situation included any any payment calculation made by them in the future.
Is it reasonable for me to with hold on an element of a payment whist it is in dispute.
Hi jacknbox.
Thank you for your post. I am William the Child Maintenance Options consultant.
We are a different organisation to the Child Support Agency (CSA), but I can try and point you in the right direction.
It is difficult to give you an accurate answer as we do not have access to CSA case information. All I can suggest is that you contact the CSA again to discuss your concerns. Their contact details can be found on any letter they have sent you, or this website www.gov.uk/child-support-agency provides their contact details.
What I would say though, is keep making your payments until this is sorted out, if it turns out you have overpaid then the CSA may offset the money against any arrears you may owe, or allocate against future payments.
If you and your ex-partner are able to discuss child maintenance, you could consider cancelling the CSA case and setting up a family-based arrangement.
Your CSA case can be cancelled at any time. However, it has to be the parent who originally applied to the CSA that cancels it and this can be done by contacting the CSA directly.
A family-based arrangement is simply an agreement between you and your ex-partner about who will provide what for your children. It does not have to be just about exchanging money, you buying them clothes or paying for school trips could count, for example. A family-based arrangement is not legally binding but it is flexible and can be changed as your children's needs change.
For an idea of how much the CSA would work out, we have a child maintenance calculator on our website at: http://www.cmoptions.org/en/calculator. You may want to use this figure as a starting point for negotiations to make a family-based arrangement.
For full information about family-based arrangements and access to useful tools and guides, you can visit http://www.cmoptions.org or call us free on 0800 988 0988 between 8am and 8pm Monday to Friday or 9am and 4pm on Saturday
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