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[Solved] Moving from CSA to the New Child Maintanance

 
(@wesricho7)
Active Member Registered

Hi,

I am currently in the process of moving from the old CSA to the new child maintenance direct pay option. I have 2 children with my ex partner who currently lives 170 miles away in Northampton-shire after she moved back to her home town 6 years ago.

I have paid £305 every single month the CSA case has been opened. Last year, I worked a lot of overtime because we were short of staff in work and now these places have been filled and a squeeze on overtime has severely impacted my now current wage.

However, the New CSA have stated they will only go from last years wage which is significantly more than what I am earning now and want to push my payments from £305 to £560.

Q: Can I challenge this and have them base their calculations on what I am earning now rather than what I previously earned?

Q: My Ex partner is also stating on her application that the children spend less than 10 nights at my house when in reality, they stay here for around 55-60 nights a year. The New CSA say I have to prove this? How do I prove this?

Q: Are there any other factors which are taken into account? For example - I absorb the entire cost of travel to pick up the children and drop them off (340 mile round journey and approx. £140 - £150 in petrol costs at present).

The children's mother also does not supply the children with any form of clothing at all for their stay which inevitably means that I also buy all the kids clothing they require whilst staying. This may not seem like a big cost, but the children only stay for the school holidays (due to the vast distance between us) and therefore I need to ensure they have enough suitable clothing for the period of time they are here. As they grow, I renew these clothes regularly.

It just seems somewhat unjust to me at poresent that not only is the new csa payments significantly increasing when I do not erarn the wage they are basing their calculation on, but they are also asking for evidence that the children stay here as much as I believe AND i also absorb the vast cost cost picking the children up and dropping them off each visit and buy all their clothing for the period of time they stay. any advice would be great. thanks

Quote
Topic starter Posted : 24/03/2017 2:16 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Hi there

If the difference is greater than 25% I think you can apply for a variation.

Generally, if the number of nights is disputed between parents, the CMS will take a default position of calculating on one overnight a week, which would be the correct calculation for 55-60 nights per year anyway. You would have to have the children for more than 103 nights et Year to qualify for a bigger reduction.

The CMS should take account of your travelling expenses, it it would only be a percentage of he actual cost...every penny saved counts though.

All the best

ReplyQuote
Posted : 24/03/2017 11:51 pm
(@wesricho7)
Active Member Registered

many thanks for the response, Really appreciated.

The 25% seems absolutely ridiculous to me though. The difference is approx. 9.5k from my last P60 to my next one at the end of this month... but the difference is about 24.5% between my last P60 and my next one and they have simply refused (over the phone) to consider the change because if does not meet the 25%. im astounded how they can set the bar at 25% in the first place as that seems ridiculously different but to not consider it when it is so close if even more so.

Is there an appeal process that you are aware in an attempt to have them re-consider?

Many thanks

ReplyQuote
Topic starter Posted : 24/03/2017 11:56 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Perhaps if you could also claim a reduction for travelling expenses, might it take it up to 25%? I'm don't know if they would accept that, but it's worth a try.

There is an appeals process, but they are adhering to the rules so I'm not sure how successful you would be. I'm sorry I can't be more encouraging.

ReplyQuote
Posted : 25/03/2017 12:03 am
(@dadmod4)
Illustrious Member

The CSA will take pensions into account, so I would put another 5% of your wage into pension to push the change a reasonable amount over the 25% and ask them to recalculate. Once that's done, it's up to you whether you continue to pay that extra into pension or not,

With regards to clothes, I would get some cheap clothes for when they come to you (charity shops/ebay etc) but don't send them back with your kids - keep them for when they are with you, that way you're only paying out occasionally for these.

ReplyQuote
Posted : 25/03/2017 12:49 am
(@wesricho7)
Active Member Registered

thanks for all your responses - really appreciated.

I just find it incredibly hard with the clothing thing. The last time i had my kids (Feb half term) I had to return them in their school Uniform because (even though requested) no clothes were sent with them.

Its just heartbreaking when they ask why they are putting on their school clothes to travel home in (which is a 340 mile round journey). Its wrong but obviously I is just not affordable or sustainable t be sending them back in clothes I have bought when nothing is sent back when I have them.

Anyways... some great information here - many thanks all

ReplyQuote
Topic starter Posted : 25/03/2017 12:58 am
(@JPNuman)
New Member Registered

My partner has had massive problems with CSA trying to take an arrears payment still for £240 for March saying that it is for Feb he last paid csa in Feb and now being slaughtered for £336 which he paid to new Child Maitenance Service for March which she has now had. We find out today that the CSA are calling him at work when hes trying to drive a double decker lorry doing unsocial hours because his ex has decided to get greedy and want both £240 and £336 in one month which is a massive £576.00. The way it's looking CSA are not interested what the other service is doing and threatening all sorts if he does not pay it. Like alot of father's out there he is paying the money and not seeing his kid who is sorry not really kid any more 17 nearly 18 years. How on earth is this justified to have a payment made twice in one month causing hardship - if the CSA had made an award to increase it would they of taken 2 payments in one month the answer is no. I am so mad as I have been on the receiving end of both receiving child maitenance and having my own money taken into a/c many many years ago through the old court system. I feel so sorry for all you men that don't see your children and go through so much agony and pain and often losing jobs as this system sorry joke is so unfair and no consideration given to the father how he is able to keep a roof over his head or even literally survive. They dont care if they leave you with nothing . Myself and my partner work all hours god send to pay for a nearly adult that he hasn't seen in years and has never once missed a payment - just how far will this UK unfair system go!

ReplyQuote
Posted : 12/04/2017 1:05 am
(@JPNuman)
New Member Registered

My partner has had the same soon as CSA stopped he has had his increased to over an extra £100.00 a month. It is not fair that they base these calculations on the previous tax year as most are not earning the same from year to year. My partner is a lorry driver and is forced into doing unsocial hours in excess of what he should be doing simply because the way the work is going. To then have to do these hours when you don't wish makes it even worse knowing if he got a less hours job he will still be hammered until the next year end. The sting is worse for paying all this out and never missed any payments and never sees his lad due to a poisonous ex and I know he won't be the only father out there this is happening to.

ReplyQuote
Posted : 12/04/2017 1:13 am
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