Advice needed re ex fiancée being made redundent :(6 Posts)
Ex left me when I was 25 wks pregnant with our 3rd. I'm now left raising 3 under 3.5 on my own, the youngest now being 21 wks old. I've just received my 1st maintainence payment from him via the csa. He got made redundent on fri (1.5 weeks ago-sorry can't work out the date due to baby brain). He had been displaced back in sept/oct time but thought he was going to have work for 6 months. He got the phone call and left immediatley. He's told me he's only walked away with £9k!!!
Ive spoken to a few people that have also been made redundent from the same company and they say he's talking rubbish. He has just turned 39, has 23 years continuas service and was on roughly £55k a year. ( net 4 weekly pay being £2600) some one has provided me with his companies ready reckoner: he should get 6 months pay in leiu of notice and then with his lenth of service and salary and age it looks like her will have walked away with in the region of £80k.
My question is, are the children entiltled to any of this? He has said that as soon as he is up to date with the backdated mainatainence payments then we won't get anything else from him until he gets a job, unless he signs on then well get £5 a month.
Is this right, it seems crazy that he'll have all that to live on but he won't have to provide anything for his children to live on!
Any advice please?
According to this page on the CSA's site, they disregard statutory redundancy pay but they do consider contractual redundancy pay as earnings that can be claimed against. I'm not sure but I think the maximum statutory redundancy pay is around £9K. If so, anything above that could well be contractual and so liable for maintenance. I'd give the CSA a call ASAP if I were you and ask them to get in touch with his employer to find out how much redundancy he got.
How are the CSA getting money off of him? Deductions from his salary or by him making payments direct to them?
One thing I would say, though, is that if he was taking home £2.6K a month then unless his pension contributions were enormous I'd expect his annual salary to be a lot less than £55K. When I was on £50K gross p.a. I was taking home around £3.5K a month. £2.6K net a month is more like £40K gross p.a.
Hmm it's interesting the bit about £9k that you've pointed out. My ex does tend to lie and no doubt he thinks he's safe by telling me he only walked away with 9k.
I received my first payment about 1 week ago and that was by deduction of earnings, I think he is now going to make the other outstanding payments over the phone??
I know his net pay is £2600 every 4 weeks, but I'm sure he told me his salary was £55k. I would imagine it's £50k min. I have no idea what his pension contributions were though.
Will the csa write to his employer to find out what his package was then?
Thanks for your help.
Capped at £380 a week legally and so a 39 year old with 23 years on 55k would get £7030 redundancy as the legal minimum.
Some employers may give more but it's voluntary. Is the company calculator recent as many have moved to statutory in the past few months- especially public sector. 6 months notice period sounds a lot as well?
They may also have given him notice in September and so even if 6 months he may already be 3 months through that and so only be owed 3 months in lieu of notice.
Also if a company exceeds the minimum by paying the full amount. they sometimes cap the weeks. Both my company and best friends are doing redundancy- mine are paying 2.5 weeks over 41 but maximum 20 years (which no one actually has). Hers are capping amount at 30k. So paying 1.5 weeks for each year up to 30k. She earns about £45k so much better than £380 a week even limited at 30 k. She has about 25 years.
It's odd that the CSA has gone to all the administrative trouble of setting up a salary deduction and then only letting it run for one week. I'd double-check that with the CSA if I were you.
The CSA can write to his employer to verify his salary but they do need prodding. Don't just assume that they'll do the sensible thing.
Phone them and tell them what you know about him being made redundant and ask them to contact his employer. Then phone them a few days later to check that they've actually done it and to ask when they expect to get the information back. And then phone them when the deadline's up to make sure they've got it.
It's a pain but in my experience it's the only way to get the CSA to do anything. You've got to badger them. Be polite but firm about what you want them to do.
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