CSA advice forum

CSA advice forum » Child Support Agency

1. Sufferin_Dad
   Member
   
   

   I'm struggling to keep my head above my overdraft limit and my ex has gone to the CSA.
   I am self employed and work through my own Ltd Co (1 employee..me). My taxable earnings (as shown on my payslips)are small with a significant proportion of my income coming from expenses and dividends.

   The ex will undoubtedly tell the CSA what the situation is and I am concerned that the CSA will try and take my income including dividends and expenses or worse still the company turnover as my total income.

   Has anyone any experience with this? Any advice much appreciated.

   Posted 3 years ago #

2. ferretmk
   Member
   
   

   the csa will calculate the net income + dividend /52weeks do you have a partner that you can shut the old business down and get her to start the new one then make her the sole director. as with your old business you were still only an employee. you can pay yourself the £100 aweek tax bracket. the rest of the dividend and wages could be paid to the director.

   if you have not been trading for more than a year i got my accountant to fill the forms out showing no accounts at present. nil to pay!

   as it tyakes 18months for accounts to be posted to companies house

   hope it helps

   keep fighting

   ferretmk

   Posted 3 years ago #

3. ferretmk
   Member
   
   

   forgot to ask old cs1 os cs 2 system the new cmec is not in force yet 12% of gross

   Posted 3 years ago #

4. chair12345
   Member
   
   

   I have recently had a visit to my workplace (monday)by the CSA, and by the following day an attatchment to earnings order, had been set up; which after taking out the cash, leaves me with not enough money to afford to pay essentials, rent,gas,elect,water,tax,etc etc etc - which will obviously leave me homeless (eventually) - I will have no choice than to finish work, become unemployed and sign on the dole. I am meeting with the CSA next friday, but reading some post's here, it offers me no hope of a reduction of attatchment etc.

   My only other choice is to become self employed, and as I was doing some research I found this site and your post.
   The first payment will be taken from my salary at the end of Feb, and I am probably going to become unemployed at the end of the month.

   Do you have any advice or understanding of what the CSA can do to prevent or make it difficult for me to be unemployed, and then to try to work towards self employed status - Can they still take the same ammounts, do I need to be self employed for a period of time, or can they not give an assessment until figures are available etc etc.

   I have no problem with paying (and gone beyond reasonable negotiation with my ex) but it is the amount which is shattering, and leading to my predicament with work.

   Posted 3 years ago #

5. deadbeatdad
   Member
   
   

   What evidence did the inspector show to your employer that you are the liable person, was birth certificates shown, a signed maintenance assessment form showing your signature to confirm that you are the child(rens) father?
   You can request this from your employer under the data Protection Act and they have to provide you with that under the Data Protection Act and they have 40 consecutive days to furnish you with that information. If no evidence has been produced by the CSA to your employer to show that you are the Liable Person then you now need to prosecute your employer for breach of your data protection, as they should not be disclosing your details or paying your money to this corrupt organisation.

   Posted 3 years ago #

6. chair12345
   Member
   
   

   I have not spoken to my employer re evidence presented to them (I will tomorrow) - I dont dispute my child, but no contact ever with CSA, so I would be very suprised if they produced evidence to my employer (eg birth cert/maintainence ass - never completed) -
   Do you have any advice re self employed ! - re my liability and payment without any records/A/Cs generated ?

   Thanks for your reply DBD

   Posted 3 years ago #

7. deadbeatdad
   Member
   
   

   hi chair12345 it is not a matter of disputing your the father it is a matter of the CSA breaching the Data Protection Act, lets face it they have to show your employer proof you are the liable person, if your employer has passed on your personal details your person income details without any evidence produced that you are the father then they have breached that act and can be prosecuted.
   We have an organisation set up called http://www.deadbeatdadsassociation.co.uk and we are taking the CSA head on, they are breaking data protection acts committing treason and fraud and we are exposing them so please take a look and contact us there.
   To be very honest with you this CSAhell site does not hold much advice, it is totally biased against us it will not post any help topics that we post to help other people in dire straights and it only promotes the fairercsaforall site so any help you need come over to us and we will help you get help

   dbd

   Posted 3 years ago #

8. shellyedin
   Member
   
   

   Hi

   I have numerous problems with the CSA on my husbands behalf and I was looking for some advise. He was told way back in 2004 that he would not hear from the CSA and that the matter would be closed as they felt he was under considerable stress, he didn't get to see his children and still to this day does not. Anyway they have reappeared, advised that he is due over 4k in arrears dating back to 1994. I have also read somewhere that they cannot go back any more than 6 months if they have caused delay, is this true? I have asked for a complete breakdown of how they arrive at the arrears in the first instance. We have been told he should have told them he moved address etc but my point to them is why? because he was told the case was closed. They are currently looking into this, getting the case file but we all know whats going to happen here they will deny it. So does he have to pay the full arrears? The other thing is my husband is self employed, I bought him his main asset to run his business and a minute of agreement was drawn up by our lawyer prior to us marrying for him to repay this loan to me monthly. CSA are not taking into account the loan agreement! They don't care but we all know that too therefore he may not have enough income to pay me and them. I have told them I will cease the asset if they start playing silly beggers then he has no job or income and they get nothing. The next problem is he doesn't get to see his kids one min he could the next no he couldn't just because his ex said so I guess there is nothing he can do about that one. Finally he entered another relationship, had another daughter and a minute of agreement was drawn up between both parties, he gets to see this daughter but now we have advised her to go through the csa because he cannot pay one agreement and another with the csa, they will not recognise the minute of agreement for whatever reason and her money has reduced? Can anyone shed any light on this. Finally I live in Scotland so we need to consider scottish law in all of this. Thanks for you help and assistance.

   Posted 3 years ago #

9. deadbeatdad
   Member
   
   

   They cannot go back any further than 2000 with their arrear steer, and did your husband get it in writing that he would ntot be hearing from the CSA as the case was closed or was it verbal? If it was verbal then thweyy will lie and turn around and say itwas not closed and you can expect a deduction of earnings order being put on his wages and also a liability order being put against him through the courts.
   However fear not we have the solution to stop their liability order and to get to on the fighting ladder with this corrupt agency. Email us at dbdassociation@googlemail.com and we will inform you of what to do

   Dead Beat Dad http://www.deadbeatdadsassociation.co.uk

   Posted 3 years ago #

10. shellyedin
    Member
    
    

    Hello deadbeatdad, unfortunately my husband did not get it in writing from them when he had a visit at his sisters address by one of the officers who said the case would be closed. He moved from that address to another address for a short time and then onto my address. As he is self employed he has always informed the Inland Revenue of changes of address very promptly so I am not convinced between 2004 when he had the visit and now that they have tried that hard to find him so how can they say he is due all these arrears. I read somewhere recently there was a white paper where if it was the CSA's fault for arrears they could not go back more than 6 months, do you know anything about this? As for a deduction of earnings they can't do that as he is self employed but I guess they can go to court. We are going to fight it all the way because they have failed in their duty to contact him about this. The address where he had the visit from the CSA officer is his sisters address and she passed two letters recently to us from the CSA so until now they have not tried to contact him so its not washing with up. They are getting the case file to see what information is on it re the visit from the CSA officer and also providing us with a breakdown of the arrears (seemingly) so we will see what comes of that.Like you I am not convinced but in the meantime we will not be paying off any arrears, we will pay what his current assessment is but until there is proof and hard evidence etc they can sing for the money and if necessary we will take it to an appeals process.

    Posted 3 years ago #

11. deadbeatdad
    Member
    
    

    Hi Shellyedin looks like they are making this up as they go along, and the thing you have on your side is the fact that he is self employed. To get any information from him the CSA will have to interview him under caution, we have the perfect solution which will tie them up in knots by using their own laws to fight back at them this we will explain to you if you email us.
    They say they are sending out a breakdown of the arrears, well to use the weight of the law to force their hands send in a letter requesting the breakdown of the arrears under the Freedom of Information Act 2000 send it to their Longbenton Data Protection Unit recorded delivery, they have 20 working days from the day they receive the request to furnish him with his request.
    Good for you standing your ground with them and refusing to pay any more than he needs to, the fight back is starting with this lot so come over to http://www.deadbeatdadsassociation.co.uk and have a look.

    Posted 3 years ago #

12. deadbeatdad
    Member
    
    

    I forgot to add you will be wasting your time taking it to the appeals department because it is run by the same incompetently underpaid monkeys that cock up the system in the first place, you just demand answers using the Freedom of Information Act and Data Protection Act it is far more effective. They may try to fob you off with telling you to write to the Independent Case Examiner, unfortunately they are just as corrupt as the CSA and the CSA actually collude with the ICE anyway so just demand answers using DPA and FOI. Any more info you can alasos call us at deadbeatdads on 07523936072

    Posted 3 years ago #

13. chair12345
    Member
    
    

    thanks for your reply DBD - i have followed the link and registered at DBD.

    cheers

    chair12345

    Posted 3 years ago #

14. shellyedin
    Member
    
    

    Thanks for you help deadbeatdad. I am also going to go to citizen advice and see if it does turn out that he has to pay arrears how far back they actually can go in Scotland, they told me they can go back to the very start in Scotland but this is not the case in England, there's another farce!. Anyway I will keep you posted. Cheers Shelly

    Posted 3 years ago #

15. deadbeatdad
    Member
    
    

    Unfortunately the CAB will not hold much information about these people, plus CAB are also funded by the Governemnt, if you require any more info we are either a text or a phone call away and we are usually on call till about 8PM

    Posted 3 years ago #

16. pdid
    Member
    
    

    I am self employed and work through my own Ltd Co (1 employee..me). My taxable earnings (as shown on my payslips)are small with a significant proportion of my income coming from expenses and dividends.

    I have sent them my P60 but the ex is contesting it and i was wondering if this can be done as i thought you P60 was a legal document.

    Can they legaly take dividents etc into consideration?
    and if so what can i do to stop this happening, can i stop being the director and give it to my girlfriend? and only take a small wage.

    Posted 2 years ago #

17. mr.pink
    Member
    
    

    To sufferindad & pdid:
    The CSA are so far behind with paper work, their assessments of S/E people is light years adrift. Going Ltd and paying yourself a minimum wage is the best way to reslove the catch up game IMHO.
    Your ex cannot contest a P60, however, be careful that you declare the same information to the Tax Man and the CSA!
    Do not use the term "income" when describing expenses or dividend. An example of income would be if the Ltd Company was paying you more than 40p a mile for using your own car for work-anything above this figure is taxed.
    What concerns me is why the CSA are sending your personnal documentation to the PWC. They should be reviewing these themselves and only sending a summary to a third party.
    As far as dividends are concerned, I know they are not counted as income under the Child Support (Variations) Regulations 2000,(Reg 20 (3)(c)) so I doubt they can be considered as income in the main Child Support Act, but this needs checking. Also be careful about paying your girlfriend as this is classified as diversion of income.

    Posted 2 years ago #

RSS feed for this topic

Reply

You must log in to post.