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Hello,
I am looking for some help and advice.
I split with my ex 2 years ago and signed over the house so my 2 sons would not have to leave there home. And have been paying the csa every month since
I then moved back in with my mum to start again and save for me own place.
I have been working a lot of overtime this year to save up for a deposit and am due to move into my new place in 2 weeks.
Today, I got a letter from the csa to say I have been earning more so now have to pay an extra £120 a month!
If this is the case I will not be able to pay the mortgage on my new home.....depressed
Can i get some advice?
Unfortunately I think this is an example of the iniquitous CSA rules: regardless of the income and needs of the receiving parent, the paying parent will be pursued to the ends of the earth by the government debt collection agency if he (almost invariably) attempts to better himself.
There may be others here that can give you some technical advice, all I can offer is my sympathy.
AO
Thanks for taking the time to reply.
what happens once I move into my new place? would the csa expect me to be homeless if I can not pay. Would they take into account my monthy out goings before deduction?
There may be more knowledgeable folk on here Gunner, but it would seem (from the debt collection agency's documentation) that it takes no account of outgoings except pension contributions, nor does it make any allowance for the receiving parents income or needs, CSA just charges dads (almost exclusively) about 15% of their income (more if they are high earners).
I don't think this is anything to do with being fair, it is just a crude means of keeping the state welfare budget down. It is a pity that society seems to endorse sexual discrimination that would be illegal in most other areas (such as employment), then creates a strong causal link between residency for children and financial settlement, before finally enforcing arbitrary maintenance arrangements via the state's own debt collection agency
I don't think there is any good news for you here Gunner, but I hope I am wrong and that some more knowledgeable person will be able to assist you more.
Best wishes,
AO.
Since my direct payments were last calculated by the CSA, I have started paying
AVCs (Additional Voluntary Contributions) towards my pension, from my salary,
so my net income has reduced considerably.
Should these now be taken into account in the child maintenance calculations?
Since my direct payments were last calculated by the CSA, I have started paying
AVCs (Additional Voluntary Contributions) towards my pension, from my salary,
so my net income has reduced considerably.Should these now be taken into account in the calculations?
Hi Andy,
The problem is I need all the net income I can get to buy my own home. The reason I have earned more money this year is so I could save for a deposit.
Now the csa are basically talking back off me what I had set aside for deposit.
Is there anything I can do?
Hi,
I am no expert on this matter but know there are a number of things that they take in account and you can apply for what is called a 'special expenses variation'. The CSA then considers whether the adjustment would be 'Just and Equitable' for everyone involved in the child maintenance. I would probably do it in writing rather than over the phone. Reading your circumstances perhaps try applying on the grounds that it more accommodating to your children and that there is little space in the current situation.Explain that doing this would be more beneficial to them and maybe suggest a fiscal compromise for good measure.
A leaflet on how and what CSA take into consideration can be found at :
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/325219/how-we-work-out-child-maintenance.pdf
Best of Luck
IAP
Hi Gunner
Unfortunately, the link in IAP's post is for the CMS, which has replaced the CSA, but is only slowly taking over the cases, so for the time you are still on the CSA, that doesn't apply, and the calculation is based purely on the number of children you have, so with 2 children, you will be paying 20% of takehome pay, with a reduction of 1/7th for each mulitple of 52 nights out of the year that they stay with you. They don't take into account any of your other expenses (unless it is a loan taken out for the benefit of the family before you split or some travel expenses), and unfortunately, they don't take account of the fact that you are trying to buy a house.
Indeed Actd you are correct,
There are 3 types of child maintenance schemes:
Child Maintenance Service cases - ‘2012 scheme’ cases
Child Support Agency (CSA) cases opened after March 2003 - ‘2003 scheme’ cases
CSA cases opened before March 2003 - ‘1993 scheme’ cases
Why are things never simple?
Why are things never simple?
... Because it's all done by politicians and civil servants 🙁
You are right of course actd, but the these things are done with the tacit support of the nation. There are no votes whatsoever in improving the lot of dads in family law cases; society happily tolerates sexual discrimination in the family court system that would make it onto the front page of the newspapers and the BBC chat shows if it were in (say) employment (as well as being illegal).
Because there are no votes in this area successive governments (this is not a party political issue) have decided to take the route that will keep the state welfare bill to a minimum. In the majority of cases mothers earn less than fathers (almost by definition, because many have given up work or not entered work in order to give birth to their children), so there would not be much point pursuing them for CS, however if fathers can be kept in work (by not recognising them as carers for their children) they can both be taxed and required to pay CS, which the state would probably have to pay otherwise. This one size fits all solution is applied even when the circumstances are reversed (such as in my case where I had retired (early, and on a comfortable pension) whilst my son's mother was in full time employment; there was still an assumption that residency would be with the mother (by CAFCASS in particular, but generally) which was very difficult to oppose).
This does not help poor Gunner, who is trying to do the right thing by his children at the same time as afford somewhere to live, but will be burdened with a 25% tax (or maybe 40%), 12.5% NI contributions and 20% of what is left in CS. It will be a struggle for him to rent or buy a place of his own, even though he is trying to maximise his opportunity to do so by working overtime.
I'm really sorry we have not been able to help more Gunner, it will be small solace that there are thousands of other men struggling as you are now. You are caught between a rock and a hard place: if you don't work hard to improve your life you will be branded by society as idle, if you don't pay more for your children (regardless of whether your ex-wife needs it or not, or she spends it on drink and bingo) then you will be branded as mean. I'm sorry.
Best wishes,
AO
Thank you for all your posts.
The only choice I have now is to pull out the purchase of the property as I simply can not afford it. There are lots of depressing aspects to this but its hard to accept that at 44 years old its unlikely i will be able to afford my own home until the children reach 18?..which is over 10 years away.
It was only a modest 1 bedroom apartment but it was so important for me to get back on my feet a little bit after 2 years of having to live with my mum. Myself and the 2 boys have to share the same bedroom...
The sad thing is its my children that will suffer as they will have to stay at my mothers cramped bugalow for many more years to come...
My ex now lives a her comfortable lifestyle in her 4 bed home and how see enjoyed telling me I had to pay her substantially more each month....
depressed
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