Advice on how to deal with self employment through the CSA

March 29, 2010

Hi there, I’m just hopeing someone out there can help me with a query. I currently have a private arrangement with my ex-husband which all in all has worked really well. He recently has gone self employed (from a well paid previous job). Due to problems with contact which is currently going through our solicitors he hasn’t paid his maintenance this month and was very dismissive about it when I contacted him to chase up the reasons for it not being late.

When I spoke to the CSA to see how payments would be calculated as he is now self-employed they said they would need at least 12 months of accounts from him to accurately calculate his payments. I asked what would happen in the menatime and they said with two children I would receive a flat weekly rate of £40.00, which is well below what I am getting now.

Has anyone any advice on how to deal with self employment through the CSA. One more thing if he paid £40.00 a week up until his true figure is calculated after a full year of accounts, do you get back the shortfall that would’ve inevitably accrued in the previous months due the ridiculous flat rate they set.

Any help would be greatly appreciated.

Thanks.

Comments

  • Karen Bedford says:

    I really hate to tell you this but you have your work cut out! All I will say is it seems he has found out the way to work the system, being self employed, they seem to be exempt from anything! £40 is more than I was ever paid a week, so at least you have that. I dont know your situation but if you have access to finances for a private detective believe me that is a way forward, the reason I say that is because if he pays £40 per week the CSA wont be bothered about going after him for anymore. If you can find out how much he really earns not via the Inland Revenue as they believe anything, but through family, friends, jobs, contractors, etc. then great, You need evidence now because unfortunately, you have now joined the system where you have to fight the system. It involves, lifestyle departures/appeal Tribunals, contacting the ICE, seeing your MP, complaints, etc. etc. I think you only chance you might have is if he was paying you good money and you have evidence of what he was earning, ask the Tribunal why would he give that up to go s/e to earn v. little, its something the inland revenue never think to ask! Also does he own a house, car, boat, etc. The problem is with s/e you have to hope to have a good ‘relationship’ with them so that they are happy to support their children properly as otherwise they are a rule unto themselves. Please join our facebook groups child support agency failings andothers, and sign the petitions, there are more info and other people on there who like me have suffered many years abuse of the system by our exs and csa due to them being self employed and it being ‘complex’! Good Luck.

  • Lisa Hunter says:

    it’s not 12 months it’s six months so they are telling you porkies.
    In my case after 6 months it came back as nil assessment BUT i went back to the CSA for a lifestyle departure hearing which is where you are required to list what you think are his out goings…ie his mortgage, cars, holidays, household bills etc and he has to justify your findings infront of a panel consisiting of an accountant, solicitor and a lay person plus a member from the CSA.
    Your payments may go up or they may go down from your original agreement. Mine went down by £17p/w which i didn’t have a problem with but it is a fairer way of doing it, BUT you still can’t not get him to pay manintenance if he doesn’t want to because we have no law in place to make an absent parent pay maintenance, they can only recoup debt!
    Get your MP involved and keep on DO NOT leave it a year, good luck!

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