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hello. I am desperate for advice. Last year my ex approached the CSA saying I dont pay her enough. They then looked at their files on me and the last thing they had was the salary I was in 2017 which was the last time she contacted them. They took what my salary was then and then worked out if I was still on that salary I will be earning this. I phoned them up and said that I was redundant from that job in the same year and since that I have earned nowhere near the same. I also told them that within the last four years period I was also unemp,loyed but never stopped my maintenacew payments. They told me that regardless of that, because my salary now is not less than 25% of what I must pay. Surely this cant be right
If your salary hasn't altered by more than 25% from the figure they have, then that is correct, but it is only until the next annual review. The figure they use is gross pay, after pension deductions, so if you are close to the 25%, you could increase pension contributions to take it over that 25% line (I would suggest go over the line, rather than exactly 25%) and they will then re-assess based on the new figure.
Ok. Thanks for the reply. Another issue is that from March 2020 to March 2021 my daughter lived exclusively with me. Not only during this time did I provide for my daughter, but I also continued to pay her mother maintenance. Do I have any rights to a reduction based upon this?
Hi, the CSA don't work retrospectively, you would have had to notify them at the time to have any chance. Same goes for any job/salary changes - you must notify them at the time it happens to get anything changed.
Hi. If they dont work retrospectively, how are they able to make me pay on a salary from 4 years ago?
hello. I am desperate for advice. Last year my ex approached the CSA saying I dont pay her enough. They then looked at their files on me and the last thing they had was the salary I was in 2017 which was the last time she contacted them. They took what my salary was then and then worked out if I was still on that salary I will be earning this. I phoned them up and said that I was redundant from that job in the same year and since that I have earned nowhere near the same. I also told them that within the last four years period I was also unemp,loyed but never stopped my maintenacew payments. They told me that regardless of that, because my salary now is not less than 25% of what I must pay. Surely this cant be right
hi, welcome to the crazy world of CMS. yes these are their rules they follow. seems like only thing that can be done is if your income increases or drops by 25% you have to let them know. if nothing changes then you would have to wait for your next annual review, and they will calculate your maintenance based on most recent income.
@markan their policy is to use the most recent income information from HMRC. so if most recent is something that's 4 years old, they would go on that. and if you disagree, then they would expect you to give them evidence like payslips of current job. then they apply their 25% rule.
Ok, thanks for the response. +
I started this thread with the title Everything CSA / CMA because I have a few questions I have never been able to get answers to before. Although the answers aren't what I was hoping for, I appreciate the advice you are giving me.
I have therefore another question: Within the original submission my daughters mother made to the CSA she said (although untrue) that my daughter only spent one night a month with me. My daughter does not really get on with her mother and only stays at her house because it is easier to get to school. Therefore she spends all weekends and holidays with me. Have I got grounds to go back to the CMA with this new information and request a re calculation?
@markan yes you can challenge that. but without a court order its very difficult. in their booklet they state that if there's a dispute about overnight stays, then they assume that child stays with you for 1 night a week. I have been giving them my court order that states how many nights kids spend with me. do you have anything else, like a parenting plan/diary, or messages about agreeing how often child stays with you?
@bill337 Hi. No, I dont have anything like that and although my ex has told my daughter she should live with me permanently, if we asked her to agree that the situation has changed, she would refuse because she would know it would affect the money she gets. So I'm scuppered again.
Hi @bill337. This situation is very convoluted.
Because the last contact they had from my ex was 2017, they took the salary I was on at the time then estimated what I would be on now assuming I was in the same job. However, I have told them that I left that job in September 2017 and started another job 16k a year less, which according to my rubbish maths is still more than 25% lower.
For the following 15 months I was on this lower salary. My grievance is that they are basing this 25% assessment on the salary I am on now compared to one in 2017 (which in fact I have never earnt because they guesstimated it) and have airbrushed out the 15 months in between when my salary had gone down more than 25%.
Hi. If they dont work retrospectively, how are they able to make me pay on a salary from 4 years ago?
As far as they are concerned, that is the latest figure they have, so it's not so much that they are backdating, more that they haven't had anything to update or contradict that. They only work with figures or information from the date they are notified of the changes.
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