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Hi there I'm hoping to get some help and information.
After working in the asbestos industry for nearly 14 year I was forced to quit my job and loose my private rent house and my girlfriend and some of my hair to stress related alopecia ( doctor diagnosed ) and then my 2 daughters didn't want to see me apparently ( according to the mother) I had my kids 50 % ..now.. my wages sometimes varied on weather I was working away from home or overtime ..but most of the time I was on a basic sett wage ...now after happily paying what was the amount set by the CSA I then got hit by a recalculation before my assesment date ..asking why this was and got told that the mother has asked for a recalculation of my wages and got told that she can do this as and when she pleases ..but I've got to wait for my recalculation date that might be months away to re adjust the payments so I had to keep paying the higher rate on a basic wage .now ..when I asked what week of income they recalculated the payment on I was then told that they can choose any week out of the 52 a year and calculated on that..just so happens that they pic a week that I was working away ..after calling them up and telling them the situation they would then hand me over to the dispute side and they would look into it ..then after weeks they would recalculate my wages to the correct amount and then the mother would then phone CSA again and ask for a recalculation ...( She asked for 2 recalculations in 1 week because she didn't like what she was getting) leaving me with no wages to pay rent or even live and I would be in the same situation week after week ..anyway after leaving my job and one of my daughter running away from her mother to come live with me ( police involved ) she then fought against me and the CSA that my daughter wasn't living with me and the CSA took her side that then caused me to carry on paying for 2 children on a calculated wage that I want getting ...there is a lot more to this story but the end result is that CSA is saying that I'm over £2000 in arrears due to payments that wasn't met and payment that I should have been making..after sending all the proof that they wanted to re adjust the payments the mother then asked for another recalculation that put me in the exact same situation AGAIN ...I then quit my job and now I'm looking at returning to work 2 years after this but Im scared that they are just going to take my wages away for arriers that they won't do a fair investigation on .I shouldn't be paying these arrives as they have calculated it all wrong ...a lot of lies were said to me over the phone from the csa about what they can and can't do and luckily I ask them for the right of information and asked them the send me all the phonecall logs ..all my correspondence with them and I have all this in black and white ..including the lies ..I'm scared to talk to the CSA as it has gotten me nowhere in the past ..I'm currently looking for a solicitor or any halp I can get on the matter ..someone who can go thru a foot thick of paperwork and actually tell the CSA they were wrong to do what they did but all the solicitors I call do not want to help ..some say it's a family law matters and the family law is telling me it's a civil matter ..I'm just going around in circles .if any of this makes any sense to anyone please help ..kind regards kiel
hi,
sorry to hear, sounds terrible. you should arrange appointment with your MP and ask them to raise complaint with CMS. by law CMS are not allowed to take more than 40% of your wages. if your really struggling they should let you repay arrears over 2 years or more. or if in dispute, they should suspend them.
your child that moved in with you, frankly only way you would shut CMS up on this, is by getting a court order for child arrangements and then claiming child benefit. if child is early teens, then should be ok to apply to court. you can self represent with right guidance. feel free to get in touch if you need advice. sending you private message.
Hello,
https://www.nacsa.co.uk I know a few people have used this, with help and advice regarding the CMS. There is a cost. Used to be some thing around £220, you provided them the info. They go throught it, then you have an hour or so to go throught it with them. Good for advice and guidance.
Gernal Solisitors even if they advertise help with Maintance, will rarley advise the NRP (None Residential Parent). Regarding the CMS.
Citizens advice is a waste of time, given how complex things can get. Although they do offer advice.
Most of what you would like to know come under the Child Maintance Caculation Regulations 2012. Avalible free online as it's legislation. Serch also CMS guidance notes. Alot of these are openly avalible and help with understanding. And know the complaints prossess. Benafits compliants procedure.
"What the CMS choose to do when you go back into employment, depends on where you were at when you stopped". For exsample, Had they taken legal action? (did you have an Attacment of earnings?).
- DO YOU KNOW ABOUT YOUR PROTECTED PROPORTION OF INCOME (You cannot be legally forced to pay, more than 40% your NET earnings after tax and NI and pension contributions).
"The CMS can sent a payment plan demading what ever the [censored] they want, and oftern will. Because why your stressed and scared your easy pickings! and will agree to anythig. But even with an attachment of earnings they can't take more than that 40%. Keep calm and try to take the emotion out. It make life easier for you, they do not deserve that energy spent on them.
Any current liability and Arrears are delt with seporatly. (EXSAMPLE)
On basic income - Gross per month £1984.13 (Net £1722.00) Gross per year £23,809.50
So you said 2 Daugters 12% Is your liability
23,809.50 / 365 days * 7 = £456.62 (Weekly income used in caculation)
456.62 / 100 * 12 = £54.79 Maintance per week (ITS CACULATED DAILY!! SO LET SAY YOUR ANNUAL REVEIW WAS IN MAY 12TH. THATS 125 DAYS. PAYMENTS RUN FROM DATE IN DOCUMENT "EFFECTIVE DATE" TO YOUR REVEIW DATE ALWAYS! SO YOUR CURRENT LIABILITY WOULD BE 54.79 / 7 = £7.83 PER DAY. TOTAL CURRENT MAINTINACE ON YOUR LETTER WOULD SHOW AS £978.39 TO PAY TILL REVEIW. HOPE THAT MAKES SENCE).
(Assuming collect and pay) 54.79 / 100 * 20 = £10.96
(So your currently liability would be £65.75 PER WEEK)
As a payment plan 65.75 / 7 (Days) = 9.32 * 365 / 12 = £283.48 per month to meet your currently liability.
With the £2000 arrears. If you made an offer to pay over 3 years 36 months. Would be £55.56 ontop. (Provided they accepted). Total payment would llook like £339.04
On an attachmet they simply have your employer deduct the 40% from your net. So from the exsample that would look like £688.80. (Depending on how good the pay roll is with a caculator). "But they do add other changes ontop". Some thing like 5 months for the arrears. But then you have go to try and stop them taking directly from your wages.
When you go back you will inform the CMS using a complete "copy" of your contract of employment.
They should put you onto a current income caculation, until your next reveiw. Or until you have a full years historical income figure they can obtain from the HMRC 30 days prior to reveiw. (Its when you have no 25% diffrense in the weekly figure they calculate, you will move back to a historical income caculation). Even if she complains, you should be notified and asked to provide wage slips. As long as they are from the same employment, your figure will stay the same.
I'll be totally honest after 2 year, you would be unlikley to have any prior decisions over turned. There is a legal window for arguing your case. Under the complaints procedure. Only if you can prove it was made in error of law. Thats in the tribunal service or court will hear the case.
But honestly, take the time to go through the historical documets and learn your rights. What you did wrong and what you did right, use it to eductate your self. It helps with the stress, and helps with the hopelessness. Because your making yourself stronger and smarter.
With out all the documents, excel, a caculator and lots of coffee. Im sorry that I cant be any more help to you.
I hope you get back on your feet, I really do!
Oh P.S. Do every thing in writting, do not expect them to be honest, provide infomation or act in an inpartial way!
Hope I was some help to you.
Good luck
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