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Hi all
firstly - thank you in advance for any advice. I have gone through many of the topics here and whilst many of them touch on some areas of our situation I couldn't find one that completely represented our situation so hoping this post will spur on some advice for us.
Long story short my partner has 2 children, the one in question is now 16. He didnt attend the last 2 years of school (wont bother going into the reasons) and after a short spell at a different school he then failed his GCSE's and subsequently is now not either in education or working. he hasnt left his bedroom for the last 3 years. we have been seeing him every other weekend for just over a year now following a spell of him not wanting to leave the house to see us.
Our issue is (as with everyone) the CSA. the mother has told them that he is in full time education (today informed that she has informed them he is enrolled on a course). this is untrue. his son has also confirmed that he isn't interested in study. As most people have said on here - they ave simply taken her word for it and have asked my partner to prove that his son isnt in education.
Our other issue is the payment amounts - which have varied massively from week to week - and the CSA are unable to give my partner a clear account of how they have worked out these payment amounts and why they vary so much (blinding him with words and attitude basically). We are therefore in arrears as well as the actual payment amounts being incorrect (they have not taken into account the fact we have been regularly seeing him for over a year and also that he isnt in education and we shouldnt be paying for him at all).
My partner is extremely anxious as you can all appreciate and I really dont know what to do to help. On top of this we are financially in a critical position so payments are currently not affordable anyway just to add to the anxiety of it all.
What is our next move? my key questions are:
1) How do we prove that the mothers claim is fraudulent - and how do we push this through?
2) How do we get the CSA to provide detailed accounts of how they compile their figures?
3) How do we complain about the whole situation and who to?
4) What can we do (given the above information) about payments when we are unable to make them with or without the payment amounts actually being correct?
It feels like such a mine field even typing all of this - but im hoping that someone will be able to read between the lines of this and provide some useful help and advice!
thanks so much all
G
hi,
dad should contact his local MP and ask them to raise complaint with CMS. and see if possible to gather any evidence that son has left full time education. does he have a job?
with arrears, he could call CMS and tell them the arrears are affordable, can he repay them over 2 year period or more. if arrears are not genuine then really they should suspend them while complaint is looked into.
I recommend he joins this support group for paying parents:
https://www.facebook.com/groups/239699060076601/?ref=share
Hello G,
1. Is not my area to be honest. But have you considered making a complaint to the child Benafit. That you belive the claim to be fraudulent? Surley she whould have to provide with documentry evidance, (i.e. evidance of cource and attendance) to prove that is not? (Again i'm not sure about this).
2. The CMS have to provide you with legal notices. The letters you recive are exsactly that, they are not nessarly very clearly (As they are a standerdised form, not a standadized letter), but should explain how and why they made the caculation, like they did. This can all be requested using a "subject access request". You can also request finantial statments, recordings of phone calls ect.
You can also write the the DWP complaints team. To provide a clear written explination (Including caculations). Regarding the case.
If you are doing everything through the portal, it is well known, that things on there change with out explination. Or disapear all together. So try to stick to written documents, and send recorded. Request written replys. (Paper trail). If the portal works for you. take screen shots every time you use it.
- The basic caculation. (/ Deivide. * Times.)
Gross income / 365 days * 7 days = weekly Gross income figure. {To work it backwards on a letter Weekly figure / 7 * 365 = Yearly income figure}.
Basic rate - 2 kids - 16% - So weekly income on the documet / 100 * 16 = Maintance amount. (To work out the daily amount / 7 days)
Collection fees for collect and pay - Maintance amount / 100 * 20 = Fees
There are diffrent types of income caculations: "Your payments have changed or annual reveiw documents, should tell you which one you are on "We call this.......".
Historical - Uses the previous year HMRC figure.
Current Income - An avrage based on evidance, as to what your income will be by review date. Normally used after reported income change
Estimated Income - With no evidance uses any 1 of the past 5 years incomes, to create an income figure. Where there has been an unreported change, or HMRC data is not avalible.
Maintinace is caculate daily: From an effective date to your next reveiw date. Your payments from.... The payment plan dates genrally have nothing to do with the caculation.
3. Complaints:
Unfortunatly the first port of call in the CMS. By raising a "mandantory reconsidaration". If they reject it. Then tribunal service with a sscs2 form.
Other people to complain to. Your local MP. and the DWP complaints team. Infomation for these can be found online. I dont have this info to hand.
4. Payments:
You have a protected proportion of income. 60% Of you net wage, after tax NI and pension. You cannot be legally made to pay any more than that.
Alot of people don't know this. So the CMS will request payment over and above there own gross weekly caculation at times, to scare and stress you.
When your stressed your easy to manipulate.
The CMS are mandated to collect arrears with in 2 years. But they will negotiate! provided it is reasonable and your current liability is being met. (Not building up any more arrears).
Even part payments are classed as missed payments. Permiting them to add other charges. But always pay some thing. Makes it harder for them to take you to court.
Liability = Maintance + Fees. Shown as a weekly figure. Or yearly figure in the boxed payment plan section.
Maintance total + fees total = Liability for the period (Effective date to reveiw).
Example:
Effective date 01/05/25 Reveiw date 11/10/25 (163 days / 5 month 10 days).
Total maintance 842.00
Total fees 168.40
Total unpaid maintance 4366
Total unpiad fees 374
842.00+168.40 = 1417.93 total liability. / 5.1 = 278.03 per month to meet current payments
4366+374 = 4740 Total arrears. / 5.1 = 929.41 This would be impossible to pay. So look to pay over the next 3 years.
4740 / 24 month + 5.1 month left of this period (29.1 months total) = 162.89 (Total payment of £440.92 until review. When you have to renegotiate).
Some times you have to deal with the imidiate problem, the payments! Then you can think alot clearer on how to takle the rest!
I'm sorry I cannot be more help to you.
Good luck and I hpe you get sorted out.
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