Mumsnet Talk

Thanks for all your help. Olgaga I will call the number to speak to the CSA people and see what they recommend.

The whole point about the Gross Income Calculation is that it can be checked on an annual basis with HMRC, unlike net income. That's why they are doing it.

There have been delays in processing new cases under the new scheme, they were only taking families with four children with the same NRP initially, but it being gradually extended.

Obviously people are being encouraged to come to their own "family based arrangements".

The website I linked to above seems to give a pretty quick response to enquiries - in my experience anyway.

things have changed drastically in the last six months with the CSA if they are now providing an efficient system

I've seen conflicting posts - either the NRP's income is above the cap, or below it. If it is above the cap then OP can ask the court for top up maintenance. If it is below the cap then she can't. The cap is currently £2000 a week net of tax and NI. It will change soon to £3000 a week gross. Little difference between the 2.

I wouldn't avoid the CSA. They should be everyone's first port of call unless the NRP produces pay slips/income documentation generally sufficient to enable the PWC to work out that the CSA would make them pay. That's the point behind the system - make it easy enough so that everyone knows what they should be paying, but provide an efficient service for those who refuse to pay, or where the parents can't agree on what the CSA would do.

If either parent is unhappy with the court order and would wish it to be replaced by a CSA assessment all they have to do after a year is ask the CSA to do an assessment.

I would avoid using the CSA at all costs if I were you. Isd there no other way this can be sorted out?

A letter from a soliciotrmay be all it takes. If not you will either have to accept that you will get what he is prepared to pay OR the most you can get by going via the CSA. If he is self employed thought, things do get tricky

Is your ex self employed? In my experience if he is PAYE then the CSA can handle the case in a very straightforward manner. The benefit is that the finances re taken out of your hands and you don't have to have the debate with an ex.
Another thought is would your ex take on responsibility for some of the dc's costs directly? i.e activities, school uniforms?

How old are your dc's?

You'd be better off calling or emailing them than asking for advice here.

Yes it will be changing to a gross income calculation (minus occupational/private pension contributions) which means they can check information provided with HMRC, but as I understand it the technical aspects are causing delays. However, the percentages have been tweaked (ie reduced) accordingly. Why not email or phone them? I did recently on behalf of a friend and they got back to me by the end of the day:

www.cmoptions.org/

RedHelenB although he is well paid, I am not. Childcare, mortgage and bills take up £2k a month and what's left after that (not much!) goes on food and the kids.

I called a couple of solicitors and just getting some initial advice would cost me £300+. God knows what actually going to court would cost. I don't have a few hundred pounds spare!

Just contact csa - hopefully a call from them might make him revert to the original amount.

Don't get me wrong but how on earth can you not afford a soilcitor if he is giving you so much maintenance?

Thanks so much STIDW, that is really useful. So for self-employed people, what happens if they have really obviously declared income below the level that would be needed to support their lifestyle?

PS It takes two months for the CSA to notify the court, for the consent order to end and the CSA to take over.

With orders dated after March 2003 CM can only usually only be included in a consent order by agreement. With a few exceptions the courts have no powers to impose a court ruling for CM or a variation. Perhaps elastamum had an order predating 2003.

12 months after the date of the order either parent may apply to the CSA, the CSA then notifies the court and the consent order ceases to have any effect with regard to CM. Whilst the order is still in effect any arrears can be enforced like any other debt.

So the options would be wait until he is in arrears and then apply to court to enforce the order, make an application to the CSA yourself or try to negotiate a family based arrangement to change the amount paid to reflect the current circumstances.

The CSA would verify his income from pay slips. Self employed earnings are usually taken from the HMRC self assessment tax return

At least you get child maintenance.

Sorry not helpful.

Order was 2009 STIDW

So,*Collaborate*, if he wants to reduce the child maintenance payment, does he HAVE to get a CSA assessment first? How long does it take to get a CSA assessment? And what happens if he just reduces it without getting a CSA assessment? What info will the CSA look for from him to verify what he says his income is?

When was the order dated?

That's completely wrong. RedHelenB has got it right.

I have had experience of this myself. A consent order for child support is a legally binding document and cannot be varied just because he feels like it. Suggest you consult a solicitor and get them to write to him to point this out.

If he wants to vary it he has to re apply to court to show his income has decreased or either of you can re apply through the CSA to get a new judgement that will over ride it.

If he doesnt do either you can get the solicitor to write to him saying if he doesnt pay you will recover the moeny plus your legal expenses through the court.

£2000 net a week is the cap. I actually don't think they've brought in the gorss income calculation yet.

Omnishambles.

Happylander - under the gross income calculation the % will reduce - the change will be of neutral effect.

CSA are going to work things out by gross income too so I would mention that to him as he will more likely end up paying you more. Just put CSA forms in when you know he has had a bonus ;O)

Under the new gross income scheme the cap is now £3000 per week.

I don't think we were getting over the CSA maximum. The maintenance was assessed on earnings of £2k gross per week which I think is the cap? Actually in that year he had earned more with his bonus but we agreed that as a fair reflection of what he could expect to earn for the foreseeable future and neither of us have ever tried to review it so I assume he has always earned at least the same or more. His lifestyle suggests he's earned more.

I really think you ought to examine this from a different perspective, and ask yourself whether you can afford not to take legal advice. How much more were you getting above the CSA maximum (remember to take off a % for any shared care)?