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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Csa making it impossible to return to work

14 replies

Jaykcarruthers · 20/01/2022 15:51

I would like to begin by saying I totally agree there is a need for an organisation like the csa as there are many parents who are not willing to support their children, and those who would try any loophole or method to avoid paying towards their offspring. I am not one of these. I always thought doing the right thing and working hard to make my children's life better than mine would be the right thing to do, alas I've found out I was living in a fantasy world where my thoughts of doing right would be supported and there was a fair system for all. My predicament began when my relationship ended, myself, partner, and 2 children had a small house together and when we decided things were not working I moved out. I owned half of the equity of the house but mortgage was in my partner's name. I wanted the best for my kids so said I would rather not divide the house and at that time had a good job so paid way over what the guidelines were so my kids wanted for nothing. I had my kids from Friday to Sunday every week and never missed a payment. my ex met a new guy and I was happy for her as I too had moved on with my life if this is when greed took over my partner started asking for more and more money at first gullible as I am I helped as much as possible I've been discovered my partner had sold the property and she moved from Essex to Cambria some 350 miles from me and stopped letting me see the children. she then contacted the csa thinking she could get more money. this backfired and her money was significantly less. due to stress and other factors I lost my job and the csa still wanted a large monthly payment while my benefits were being arranged which I couldn't afford. now ive been offered a new position with excellent salary due to the csa demanding 40% gross income to pay my back dated costs and monthly payments that with 40% tax for high income plus around 15% n.i. even though no my projected salary would be around £400 a day the 95% deduction would mean I would earn £20 per day once I had removed my costs to get to work of £18 and I would be left with 2 pound per day to cover my gas electric food shop council tax and other bills how can anybody afford that I was told that after I had paid my backdated CSA fines I would only have to pay the usual rate 30% this would mean I would need to live for around 6 months on negative income it's making doing the right thing an impossibility. I feel this is especially unfair as my ex has stopped my access by relocating has sold our home and taken my asset knowing I cant afford to fight it in the courts and wouldn't if I could as it would affect the children. ive sought help from stepchange, Peabody, cap and other charities and institutions and as I'm a: a man and b: a property owner I cannot get help. If there is any advice please help

OP posts:
Thoosa · 20/01/2022 15:55

The CSA? They were dissolved.

Isn’t it CMEC now? You need to acquaint yourself with their appeal and reconsideration processes and request whatever is appropriate to get it looked at.

Unless you’re posting from the year 2000, and this really is about CSA, in which case nobody can help.

BitcherOfBlakiven · 20/01/2022 15:57

It’s the CMS.

When you were out of work, the rate you pay should have been based on that. Not what you were earning prior.

Also, why didn’t you bother going to court when your ex disappeared with your kids? You were seeing them weekly, yes? Did you not spot For Sale signs outside? Did the children never mention it?

Thoosa · 20/01/2022 15:58

There you go.

www.gov.uk/manage-child-maintenance-case/complaints-and-appeals

Escalate it to the ICE if you need to. Nobody will be forced into penury or unemployment by government mediated child support payments. Just follow the process.

RobinPenguins · 20/01/2022 15:58

Why would you be paying 40% tax on the full £400 per day payment? That’s not how tax works. Or NICs.

Eyerollsausageroll · 20/01/2022 16:12

So you'll be warning around £400 per day is that 5 days a week? So in the region of £100k per year?

Gross salary £8333 a month.
Net salary after tax and NI £5558.

You say they want 40% of gross for backpack? Seems extreme, however that's £3333 leaving you with £2224 pcm?

No idea where you're getting the 95% deduction from tbh. Might be worth looking at how tax deductions actually works.

Eyerollsausageroll · 20/01/2022 16:15

Warning - earning
Backpack - backpay 😑

Jaykcarruthers · 20/01/2022 16:51

She sadly sold private. when I did find out what was happening I immediately tried the correct channels and started a non movement order and was advised mediation which I tried to get my ex to participate in but refused and moved which nullified the non movement order process. I hoped her compassion for the children's best interests would prevail but was wrong

OP posts:
Jaykcarruthers · 20/01/2022 16:56

Thanks for the advice I'll look into this further. I was told by csa 40% gross and knew 40% tax but hadn't realised that was only on the income after the threshold. there may be a glimmer of hope. I've a meeting with a financial charity and will discuss this further

OP posts:
Jaykcarruthers · 20/01/2022 16:59

Your right my use of the term csa is from force of habit thanks for the reply

OP posts:
Jaykcarruthers · 20/01/2022 17:03

Thanks and wasn't taking into account 40% is only on the earnings after the cap. Thanks again

OP posts:
Baker90 · 20/01/2022 17:27

Based on your figures you earn gross approximately 8000 a month. The csa will order around £1100 a month current payments and then will arrange a percentage for repayments. You'll be expected to provide income/expenditures If you say you can't afford x amount on top and will work to find a reasonable solution.

If your income when you lost your job dropped by more than 25% then payments will have dropped to your at time earnings/income. So therefore if on benefits approx 10 a week.

JDaytona · 20/01/2022 17:34

Did you have a deed on the house? Or anything legal saying that you own part of the equity?

unicornsarereal72 · 21/01/2022 11:50

How much arrears is there?

If you weren't working for a period then no child support is payable. 2 kids is 16% of your gross income. Depending upon the number of over nights If you agree to pay the children mother directly then this doesn't increase.

Go back to CMS. Ask for. Recalculation for the period you were not working. If you have paid up to this period there will be no arrears.

Marmight · 22/01/2022 14:03

And even if you are a higher rate taxpayer, you don't pay 40% on all your earnings. You have a personal allowance and then you pay 20% on the next £37.5k.
You mention £400 a day.
Are you a contractor?

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