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CSA advice forum » Child Support Agency

1. dazzler67
   Member
   
   

   My partner had been paying £140 a month to the CSA. Has been doing this for years for his one child. It would appear within the last year that the CSA have reviewed his payments, found he owes arrears, and as a result have put an attachment of earnings on his pay. He now has to pay nearly £500 a month which includes a revised monthly payment and to cover the recovery of the arrears he apparently has. Arrears are about £4000.

   He has now upped his pension contributions (I believe they are protected from the CSA) and taking into consideration the hours he now works and his protected earnings, he can not make this revised payment, or anything near it. In fact, he can hardly make a payment every month at all now. So even the original £140 a month wont be paid!

   What I am worried about is, if he cannot make any payment now, what is the CSAs next step? Will they go for a liability order? I cant believe for a minute that they will simply say "oh well, he cant pay as he has no money" and just leave it. My partner and I dont live together. He rents a furnished flat and has no savings etc...

   Should he try to make some kind of payment every month, even if it is not near the £500 that they want. I suspect that paying something is better than paying nothing, surely. Should he try and speak to the CSA or is there just no point?

   Any advice please or similar examples of this kind of problem would be really helpful.

   Posted 2 years ago #

2. 330flyer
   Member
   
   

   I am in the same situation whereby I have upped my pension contribution so that my net pay does not exceed my protected earnings. This means that the CSA can no longer make a deduction from earnings. I have, however, received a liability Order but I am allowed to pay this back over 24 months which is still a big saving. I did not defend the first Liability Order however I will defend the next one as it seems a crazy situation that I am forced to pay maintenance when my net pay is not exceeding my net pay. I think the advice is that if you can afford to up your pension contribution and still are able to live on the revised net pay it's got to be a good idea, but be prepared for the fight!

   Posted 2 years ago #

3. dazzler67
   Member
   
   

   Thanks 330flyer for the response. My partner has only just signed the papers to get the pension contributions changed. He has also lessened his working hours to ensure that he reaches his protected earnings and no more. I would think that the CSA will get wind of the lack of payment in about a month or so... In your opinion, how long will it take before they go along the liability order route? I am keen to reinforce that it is not a matter of my partner not wanting to pay; my partner is more than happy to pay something each month, but it shouldnt be to such a degree that it leaves him basically pennyless. He paid regularly without a problem up until this all reared its head. Regards.

   Posted 2 years ago #

4. 330flyer
   Member
   
   

   Hi Dazzler, I fully understand where you are coming from with regard to the payments your partner would like to make. I would say the CSA will go for a Liabillity order about 3 months after you stop paying the maintenance and they are unable to collect it via a Deduction of earnings order. I will be going down the same road in a month or two, for the second time!! This time I will fight the Liabillity Order all the way as I do not see how you are supposed to make payments if you are only taking home your so called "Protected Earnings". Let me know how you get on.

   Posted 2 years ago #

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