Can the parents reach an agreement without the CSA?
I am looking for advice for my son.
He had a daughter in July 08 and split from his girlfriend in Nov 08. She is alone parent on benifits, and has had the benifit for her stopped because she has not returned the form to the csa stating my son as the father, can they really do this??
Also I have been told that if my son and his ex were to sign an agreement beteen them that he pay her at set sum of money per week and also agree to pay the arrears at a set sum per week that the csa then have to leave him alone and her benifits will be reinstated.
He has by the way had regular contact and paid for clothes, nappies etc on a regular basis but there is not written evidance of this and does not deny he is the father.
Thanks in advance for any help.
Nick
16 thoughts on “Can the parents reach an agreement without the CSA?”
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Hi Nick.
Yes the CSA can insist on collecting child maintenance if there is no agreement between the parents, and can stop her benefits until your son starts paying.
Parents have had the right to make their own agreement even when the resident parent is on benefits for about a year now. However, I do believe that if they do so then the benefits will be reduced to take into account of what the non-resident parent is paying. The private agreement would need to be for an amount at least equivalent to what the CSA would collect.
This is the main purpose of the CSA, to get money off fathers to offset benefits paid to mothers. It never has and never will be about the children or tackling child poverty in any form …..
This is a new idea they have come up with. Don't hold your breath that it will work because EVERYTHING else they have done has been an unmitigated disaster.I would take advice from the citizens advice !
Brokenfather
Since April 12th this year, there is a TOTAL DISREGARD on maintenance in relation to the receiving of benefits.
Basically, the PWC keeps ALL the maintenance as well as ALL their benefits!
The main purpose of the CSA has now been removed going forward, going forward, EVERY case costs money. They will look to step up retrieving arrears owed, especially if owed to the Secretary of State. Below are a couple of links for you:
http://www.csa.gov.uk/en/case/child-maintenance-changing-faq.asp
http://www.csa.gov.uk/en/case/child-maintenance-changing.asp
Only the PWC has the right to make a private agreement, if they will not agree then the NRP has no right to get rid of the CSA. I would be very wary though as you MUST insist the CSA case is CLOSED (with proof) and not just do maintenance direct as the CSA are still in the background.
Seek further advice from CAB if you are unsure of how this all works.
Regards
do not trust her! ( or them). your son could end up in massive debt due to the CSA, and have his salary clipped to the tune of 40%!. As Jem mentioned…get some advie from F4J or CAB, and make sure he keeps records, voice recordings and signatures of EVERYTHING.
He wont get stung for 40% : thats last century! For 1 child it is 15% of weekly earnings after tax. Your right, if they were to sign an agreement sorting out payments and arrears (keep copies!) they would leave him alone. But as now new legislation says pwc can keep all the maintenance the csa should only persue if the ex asks them to.
reaching an agreement is a better solution. The resident parent is better off and you are too, the amount going tot he CSA is for the CSA and the resident parent only gets a small proportion.
My son is in the same situation, money he paid for clothes, nappies, furniture for his daughters bedroom etc, etc not taken into account, he learned the hard way that through the csa is safer in the long run
I to, am of the understanding that if there are arrears on the case, then indeed the CSA will deduct upto 40% of the NRP take home pay. The new gov white paper was introduced in April of this year stating PWC in receipt of benefits now also collect all maintentance payments .
Sounds like two sensible people who are more than capable of sorting this out and living their lives in peace are about to be woken up to the realities of life in the UK – micro managed by the state, hammered by the CSA and we put up with it.. sad – I remain hopeful that this woeful organisation will be closed one day and people learn to accept responsibility (both male/female) without the need to defend their £ or pursue £ as a "right".. but as a responsibility. cheers
Try Child Maiantenance Options Service sorted out a mate of mine for the better. He and his partner looked a private agreement and Options gave them the paperwork. Wish thsi had been around in my time before I got stung….
Maintenance direct??? As far as I am aware, the csa still have a file open on you???
Yes. CMEC the new CSA can allow the the two parents to come to their own arrangements. That is what was fundamentally wrong with the CSA. She must still return the form but say that you have made your own arrangements, assuming you have. The amount she is getting should then be advised to the benefits office.
He should also keep a record of the contact times, especially overnites, and the money he spends on the children. Completely rediculous but the CSA assumes that every father has abandoned their children and will never see them again. The other real problem was that women were having children by different fathers, denying that they knew who the father was, to keep their benefits, and then blackmailing the fathers for money, way more than the children needed, and denying any contact if they refused to pay. Hence the changes.
Does having a case on maintenance direct mean that the CSA case is actually closed?
Hi Nick,
The CSA can insist on collecting from him however, if they are on good terms with your each other and can come to an amicable agreement / solution they should each write to the CSA saying they no longer want their involvement and have come to a “Private” agreement, make sure it is sent recorded delivery. Ensure that they are not fobbed off with some excuse by the CSA as private agreements are generally accepted by the CSA. Your son must remember if it goes wrong his ex can reopen the claim.
NO they will allways be involved !