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I was wondering if anyone can help or has been through this. Two years ago my ex put in a variation order with the CSA which went to tribunal. The judge in the first meeting suggested to an increase which I agreed to but my ex refused. The judge also agreed that I had been previously paying the correct amount of maintenance. The judge requested my bank statements for the second meeting. I had been clearing debts from my savings, but as my expenditure in the month the variation order was put in was higher than my wage the judge declared I was "living above my means" and gave a judgement which in no way related to my wage, and was based solely on my expenditure in that month, which was mostly clearing debt!! Consequently I ended up paying nearly £300 more than I had been. The CSA agreed the judgement wasn't right, and I had the right to appeal, but I was so upset that every meeting had increased the payment and was worried a subsequent meeting would put it up even further.
Now my ex has put in another variation order. I have had a pay rise since the judgement, but my total wage is still substantially lower than the payment I am making from the previous court order. The CSA are now saying that because my wage has increased, they take the wage I was earning when the original court order was placed, and then taking an additional 15% of my wage increase on top of this. They say it doesn't matter that the original order was not based on my wage. In total they are now taking 35% of my wage for one child and I am struggling to pay my bills. My only choice would be to get another job to cover the increase, but then I will pay more of this so it wouldn't make any difference.
Has anyone been through this and does anyone know how this system works? The system doesn't seem to make any sense and I have no idea how to sort this out so the payment is fair. I have never missed a payment with my ex even before the CSA and don't mind paying but I can't afford to keep a roof over my head. I would be better financially giving up work.
Thank you.
This doesn't seem fair at all! Have you done a calculation on how much you should be paying using the CSA calculator? Here's a link
www.gov.uk/calculate-your-maintenance
I would appeal this decision, the other option is to go and see your MP and ask them to assist you and refer your case to the Parliamentary Omsbudsman.
Good luck.
Yes I have done a calculation and it comes up as nearly £200 a month less than I am paying. I explained this in writing to the CSA when I sent in my wage details, but they say it doesn't matter because It is my ex who has put in the variation so I will have to file my own variation so it will increase as my wage has. I will of course put in a variation but since hers went in in September and mine will be January there will still be the arrears for 5 months to pay and I have no choice.
Also if previous experience is anything to go by, the tribunal system takes around 18 months to make a judgement, and they very rarely seem to judge in the mans favour.
Thanks for your advice. I will get in touch with my MP. If anyone else has been through this I would appreciate your advice too.
Thank you.
That makes no sense! Which scheme are you on,The CSA1 which is pre 2003, CSA2 which is pre 2012 ? There's a sticky at the top of the child maintenance section called "how does the CSA calculate payments". You'll find a link to the PDFs for all the schemes, which you might find helpful. I was under the impression that there had to be a 25% increase in the paying parents finances before a variation would be granted.
I'll ask the Child Maintenance Options team to drop by and comment.
I'm on the CSA2 scheme. This is a variation against a variation order. It makes no sense to me either. I don't understand how they can increase my payments when the original ruling was not based on my wage. It seems mad and makes it difficult to fight.
Thanks.
The tribunal can go against the rules, but as far as I know, it is generally a common sense decision and in your case, it doesn't seem to have been. One of the grounds of variation is lifestyle inconsistent with income, and I wonder if that's what was considered last time.I would certainly go back again, and if it goes against you, then appeal it - as far as I remember, it can be appealed up a couple of levels and I don't think there is a cost to do so. It certainly doesn't sound right that you are paying over twice the amount the calculator says you should be paying.
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