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CSA Calculations ex takes the mic

30 replies

sand12 · 16/03/2011 14:28

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

OP posts:
sand12 · 16/03/2011 14:30

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

OP posts:
prh47bridge · 16/03/2011 15:26

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 · 16/03/2011 15:46

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?

OP posts:
Resolution · 16/03/2011 16:43

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 · 16/03/2011 16:46

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!

OP posts:
Resolution · 16/03/2011 16:57

Same thing really. different name.

ElsieMc · 16/03/2011 17:28

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 · 16/03/2011 18:01

Agree with Resolution that you need to appeal.

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

sand12 · 16/03/2011 18:21

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?

OP posts:
sand12 · 16/03/2011 18:27

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.

OP posts:
prh47bridge · 16/03/2011 22:05

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 · 17/03/2011 00:26

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

JBellingham · 17/03/2011 10:04

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

prh47bridge · 17/03/2011 11:02

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 · 17/03/2011 11:13

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 · 17/03/2011 12:04

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.

OP posts:
Jmcwitch · 21/03/2011 21:34

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 · 21/03/2011 23:46

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 · 22/03/2011 05:24

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

sand12 · 23/03/2011 12:30

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

OP posts:
sand12 · 04/04/2011 12:24

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

OP posts:
Collaborate · 04/04/2011 12:41

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 · 24/09/2012 14:35

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 · 24/09/2012 15:05

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.

trolls4us · 24/09/2012 18:55

men should not have children if they cant afford to raise them simple as that :) how irresponsible.....really is no excuse for it this day and age ...vasectomies are very simple operations these days