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CSA Calculations ex takes the mic

(31 Posts)
sand12 Wed 16-Mar-11 14:28:20

Hi

Recently my ex has been assessed through CSA he works for a well known bank and trebles his salary through commission the CSA have dropped my money a lot they seen 3 salary slips of his which he held back his commission on purpose! he lives a very healthy lifestyle £700k house fancy cars, holidays etc etc and i'm struggling to make ends meet how can he get away with this! I have contacted CSA on several occasions they aren's interested quote "they have made their assessment come back in 12 months!"

I have contacted C-MEC who are going to contact them on my behalf re a variation order can anyone tell what this is

sand12 Wed 16-Mar-11 14:30:42

Is anyone else in this same situation ex hiding commission or bonuses?

prh47bridge Wed 16-Mar-11 15:26:59

A variation allows them to look at things like his lifestyle being inconsistent with his declared income, whether he has assets worth more than £65k and so on. This may result in your ex having to pay more money.

sand12 Wed 16-Mar-11 15:46:45

He says he is earning 37k but he is actually earning 90k! will the csa do the variation order or do they have to go to court?

Resolution Wed 16-Mar-11 16:43:35

You should, at the same time, appeal the assessment. they can look at any period they want when calculating his income, but if he gets an annual bonus they should look at his P60 and tax return. If they're not doing that, and are missing his bonus, you won't get it on a variation application but will get it on an appeal.

Appeal.

Now.

sand12 Wed 16-Mar-11 16:46:13

Hi

Thanks but it isn't an annual bonus it's commission which he normally gets paid monthly but he can hold his commission back whilst the CSA assess him then carry on getting it!

Resolution Wed 16-Mar-11 16:57:59

Same thing really. different name.

ElsieMc Wed 16-Mar-11 17:28:33

I have had similar problems with the CSA. DGS 1's father has two jobs but just declares one and states he has been laid off for several months every year. His employers are friends and they go along with it. I cannot understand why the CSA don't even ask for a P45 from both employers, but they don't even do this.

They have told me very clearly that what the employer says goes - it simply does not matter what evidence I have that he works there.

Even more frustrating is the fact that he gets to pay his arrears at £5 per week so he has until Christmas 2010 to pay it back and he will doubtless say he has been laid off again by October.

I think that once matters get to an investigative stage they are simply not interested. They state they are not an investigative agency but if I have done the work, the least they can do is look at the evidence.

I understand your frustration, and can only tell you to go with the advice you have been given by Resolution.

The only suggestion I could make is that during the summer months DGS's dad works a huge amount of overtime. Last year I asked for a reassessment and this caught him out. They asked for his last five wage slips (I think this was because he was paid weekly). The CSA said that this is the criteria they always apply - so if you are familiar with the time of year he gets his bonuses and they show in his wage slips, ring and ask for a reassessment - they will pull in his past three months wage slips and this may work. What I am trying to say, probably not very effectively,surely he cannot get the wage slips changed retrospectively.

prh47bridge Wed 16-Mar-11 18:01:01

Agree with Resolution that you need to appeal.

They will not need to go to court for either an appeal or a variation.

sand12 Wed 16-Mar-11 18:21:33

Thanks I will appeal but the CSA say I have to have evidence other than going through his bins to get his wage slips not sure what to put in the appeal I can tell them about his commission etc and his lifestyle which I have already told CSA several times but CSA have said quote " assessment already made come back in 12 months" in my appeal do I mention a variation order?

sand12 Wed 16-Mar-11 18:27:29

ElsieMC C-MEC said they think the rules will change next year and they will use information from HM Revenue & Customs to calculate the payments so he may be hiding now but you may get what your entitled to! give C-mec a call 0800988 0988 and see what they suggest for your case.

prh47bridge Wed 16-Mar-11 22:05:05

The CSA can already use information from the absent parent's employer or HMRC. They are often surprisingly reluctant to use the powers they have.

Resolution Thu 17-Mar-11 00:26:44

But don't just appeal - apply for a variation as well as it may fall under the definition of deliberate reduction of income.

JBellingham Thu 17-Mar-11 10:04:26

I would have thought CSA would have the power to request his P60 and his P11D from the tax man?

prh47bridge Thu 17-Mar-11 11:02:48

As I said, the CSA do indeed have the power to get information from HMRC. Whether or not they use that power is another matter.

Resolution Thu 17-Mar-11 11:13:59

The appeal should be on the basis that they have not looked back far enough when assessing his current income and have therefore missed out on significant commission payments.

The variation should be on whatever grounds you consider relevant - see this

www.csa.gov.uk/en/setup/other-financial-commitments.asp

sand12 Thu 17-Mar-11 12:04:44

Thank you so much Resolution and prh47bridge for your advice.

Jbellingham I think the CSA have the power to request his p60 but they aren't interested in doing so!

The CSA need sorting out there are thousands of parents out there having all sorts of problems with CSA.

Jmcwitch Mon 21-Mar-11 21:34:27

now this I can help with, the HMRC don't like giving out information, even when it is requested it can take months for them to get back to you. Even though their turn around is apparently 1 week.

put your appeal in writing, let them know you want a variation, they are meant to get back to you in x amount of days (i cant recall how many it's been a while)

if they're not any help, ask to put in a complaint, if you need CSA help give me a shout, worked for them for a LONG time

Collaborate Mon 21-Mar-11 23:46:20

Oooh Jmcwitch. Interesting. will you be our resident CSA mole?

I've noticed in the last 2-3 years they've (CSA) got alot more efficient in turning cases round and applying to enforce.

Jmcwitch Tue 22-Mar-11 05:24:40

Yeah, I can help with pretty much anything CSA based, might as well use the fact I worked there for some good!

sand12 Wed 23-Mar-11 12:30:23

JMCwitch I rang CSA last week and asked for appeal form and variation form they were still insistant they weren't prepared to look at my case again, then I got 2 phone calls from bigwigs at CSA Monday morning they are taking me seriously at last I now have a Complaints officer they are going to ask for 2 more payslips but he still could hide his commision! I asked them to look at his P60 they are reluctant to do this, CSA will call me on Friday to update me! I'm also sending my appeals form in today I will keep you posted and thanks for your help

sand12 Mon 04-Apr-11 12:24:32

CSA I finally have a complaints officer after my ex has hid his commission but now he has changed jobs and I don't know where he is working!! help

Collaborate Mon 04-Apr-11 12:41:53

CSA can make enquireis with HMRC to determine the records they have over his place of work. He'll presumably be paying tax and NI, unless he's self employed.

The CSA should go ahead and do an assessment based on the income details they have (ie as at the effexctive date of assessment - day one) and leave it to him to apply for a variation due to a change in circumstnaces. They should not feel paralysed to act in this situation. Remind them that their primary function is to determine maintenance as at the Effective Date.

wigglyworm123 Mon 24-Sep-12 14:35:10

Why do you think having a child with somone means you have a stake in how well he or she for that matter performs in the world of work...you should be happy with a decent ammount of money to support your child and not wanting a cherry on top to line your own back pocket.

Get off your milking stool and think of a future where this man will have the means to pay for university fees etc.

plus..

It gives the whole independant women thing a bit of a bad name when so many of you are happy to ride along on your exes coat tails.

Collaborate Mon 24-Sep-12 15:05:23

Don't know what your agenda is reviving an 18 month old thread, but I think any criticism of your post is best left unsaid. It speaks for itself.

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