csa advice

[balia]

My friend's husband has left her with two very small children. He walked out in July and has paid no child maintenance since. With great reluctance, he has paid his half of their joint mortgage and she has put the house on the market as she can't afford to buy him out. She has applied to the CSA but has recieved a letter saying he is applying for a reduction on the grounds that he is paying 'her' mortgage, that his pay is less than they have said it is(? Don't they ask for payslips?) and that he has 'contact costs' - he is now living 10 minutes away and sees the kids 3 times a week (no overnights, his new 'room-mate' doesn't like kids) and half the time cancels because he has 'urgent meetings'.

Will she get less money on these grounds? She is finding it really hard to make ends meet as it is - they have only assessed him at £60 a week.

Oh Gosh. That is really complicated. Certainly they took out more money on the mortgage to extend the house when they all lived there together...I'll suggest to her that she asks for clarification in writing.

Thank you.

The last time I looked into how the CSA assess income was that they check with the inland revenue to see taxable income etc etc. This way supplying payslips etc is not relevant and the ex cannot lie and cheat his way out of paying. Obviously self employed is different as there is leeway to cheat. It may have changed but if you ring them on their helpline they are happy to give advice on all the matters your friend is concerned about.

Collaborate wrote;

*The Act is in a state of flux and it's difficult to understand what has come in to force and what has yet to come in to force. There is a new s41C to the Act that gives the Sec of State power to treat a liability as satisfied on the basis that it would be unfair or unjust to enforce the arrears.

It came in to force on 26.11.09.*

Rats, I missed that. Thank you.

They have definitely refused to include mortgage payments for some NRPs since 2009 though. Would be interesting to see if those NRPs could then claim the over payment of child support back if that is the case.

Balia, I hope your friend gets some set in stone answers soon.