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OK, here it is ! I have started a new job after two months of unemployment. The monthly wage i receive will be made up of a small basic plus commission. I had pleaded to my ex's better nature to receive the maintenance direct due to the fluctuation, she agreed and at the end of my first month a payment of 20% of my (net) take home was transferred into her account from my account labeled (Child Maintenance Payment). She asked me for my wage slip, which i refused to give her, and i told her that i would show all evidence to the CSA and use them as mediators.
She went mental on the phone and said, "You will never see the kids again".
Sounds harsh but it's not the first time she has lost the plot !! But here is the problem. Because my monthly wage fluctuates dramatically and now she has refused my direct offer of payment the CSA want to take a "set" amount every month. This will plunge me into dept on my first poorly paid month which i have to try and claw back, also i have found that if i "over pay" there never appears to be a rebate. My children do not live close and it can take upto 9 1/2 hours of driving to spend time with them. This is a lot of fuel and will not be possible if i am not allowed to budget my money correctly.
I have spoken to the CSA and told them that i will pay them directly, to the penny, the correct amount in accordance to the law and in line with the amount i have actually earned for that month. I will back this up with the right evidence and explained the reasons why.
This was not good enough ?!, and was told that if i did not comply they would take up to 40% of my wage at source.
I have taken this as a direct threat and told them i would have to seek advise. I will be in touch with my MP but i was wondering whether any one out there can supply me with info on any thing that is going to help me?
I see this as wrong on every level and feel that through my ex's actions she is creating a wedge as she knows that by "hiding" behind the might that is the CSA i will not be able to budget correctly and fall into dept and will not be able to fund the travel to continue my relationship with the kids.
I am desperate and need help
Going to see your MP is a good idea. The CSA should ideally ask you for 3 consecutive pay slips so they can work out an average - if your first payslip is low, then it could be to your advantage initially to give them that and the following 2 as it will show that you are earning less than you will be, however, once you do have a regular amount, you should tell them so they can reassess you correctly. The CSA cannot handle a fluctuating amount as it's simply not practical for them to do this, so it's something you are going to have to accept.
Hello Fitz
Thank you for your post. I am William, the Child Maintenance Options consultant. I am sorry to hear that you have had a difficult time making an arrangement with your ex-partner. I am unable to provide you with specific information relating to your case. However, I will provide you with some general information that may help you.
You mentioned in your post that your ex-partner has made threats to stop you seeing your children. Child maintenance and contact are not linked in law. Therefore difficulties over one should not disrupt arrangements for the other. If you have got any questions or concerns over contact you may wish to get in touch with National Family Mediation or Centre for Separated Families who are experts in this area. You can find their contact details from the following links www.nfm.org.uk and www.separatedfamilies.info.
You have said that because your ex-partner refused your offer of direct payment, the Child Support Agency (CSA) now wants to take a set amount each month. You are concerned about this as your monthly income fluctuates. The CSA works out child maintenance using your net weekly income, which includes earnings, money from an occupational or personal pension and tax credits. They use the amount of income left after deductions such as Income Tax, National Insurance and any money paid into a personal pension scheme.
If earnings from employment change from week to week due to overtime or commission, the CSA will work out the average amount of earnings. This is done by asking you to provide wage slips over a number of pay periods. They would normally use five pay periods for parents paid weekly and two periods for parents paid monthly or four-weekly to work out the average.
There are other financial factors that the CSA take into account when calculating child maintenance. In some circumstances, the CSA can take into account travel expenses incurred by you to visit your children. You may wish to contact the CSA to confirm they have the correct information relating to your case. If it turns out you do make an overpayment then the CSA may allocate this money towards future payments. You can find their contact details on any letter they have sent to you. Or, you can find the right number at http://www.gov.uk/childmaintenance.
If you still disagree with the decision that the CSA has made, you can appeal against it. You can find further information about this from the following link: https://www.gov.uk/child-maintenance/appeal-a-decision.
We have a sorting out separation web-app that you may find useful, it offers help and support to separated families. You can find this at: http://www.dad.info/divorce-and-separation/sorting-out-separation.
To find out more about how Child Maintenance Options can help you visit: http://www.cmoptions.org. If you would prefer a friendly and confidential chat, please give the team a call on 0800 988 0988.
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