CSA decision on payments

January 5, 2012

My partner has an 11 year old son with his ex-partner. When I gave birth to our son in 2009 she contacted the CSA, completely out of spite, as the boy was regularly in our care and my partner made regular payments to her. At the time my partner dismissed the call and after speaking with her and adjusting their financial agreement we heard no more.

She has now contacted the CSA again, I have now split from my partner however are still good friends. He has this time provided all the information they required and awaited their decision. To our dismay and disgust they have decided that he must pay arrears dated back to 2009!

This is ludacris as the child spends most weekends and all school holidays with this side of the family, his father and/or grandmother have provided clothing, food, entertainment for him all of his life. His mother is renowned for dropping him off un-announced and leaving him for weeks on end even in school terms. His father has also paid his after school club fees for the past 2 years which is approximately £43 per week on top of caring for him at weekends and holidays and providing clothing and school uniform for him. Is there any way of appealing/fighting the descion?

There are plenty of family members/friends willing to come forward to make statements in our support.

Comments

  • joanne says:

    My advice with the csa….proof, proof and more proof, keep receipts, write a diary etc etc….don’t bow down to the csa or ex demands. If csa get involved then the pwc should start paying for clubs etc, see how it goes then, she might realise how much the family do for the child, and cutting her nose of to spite her face. Good luck…so pleased to hear your amicable with your ex.

  • DAN says:

    hi there, i found out 2 year ago i was the father of a 5yr old child my ex had belive another guy was the fatehr, anyway i now have to see her in contact centre every sat,although at the time i did send wage slips to the csa they seem happy with me sending regular cheques, although if i miss a month they somtimes send a letter, am i right in saying if you dont fight the cas and comply with them you can willingly pay, not what you want but i mite not be paying what i should but i pay a good amount everymonth. my ex is extreamly difficult i have to represent myself regulry in court to fight to see my daughter in these bloody contact centres(also am io rigth in saying contact centres are just for violent cases?i have no police record at all,all the caffcass checks came clean,i take it im in a centre becase my ex is difficult),i work and earn 1200 but still send cheques 30,80, 120, odd amounts at a time but i DO send them.??

  • chall says:

    Hi Shantel,

    The effective date for a case to commence is when the agency first make contact with the non resident parent either in writing or by phone, and unless correctly closed a case (by the PWC) remains on going.

    If your OH’s ex was claiming benefits in 2009 the agency would automatically become involved, as the total benefit disregard did not come into force until April 2010.

    If your OH did not furnish the CSA with shared care info etc at the time in 2009, I doubt they will backdate any reduction for such.
    But it should be noted that sleeping at Grandma’s will not be taken into consideration unless the NRP is present.

    On CS2 the NRP will be calculated at 15% for 1 or 20% for 2 less reductions and would be divided by your OH’s & yourself. Any other payments for after school clubs etc will be deemed as optional extras and not taken into consideration.

    chall ~ afairercsaforall

  • chall says:

    Hi Dan,

    If the agency have calculated the amount of maintenance to be paid and are collecting such, that’s the amount that is due. Any short fall will accrue arrears.

    Contact centres offer facilities for parents to see their children and are not just for violent cases.

    Is your child 7 years old?
    Im not sure how much or how long you have had contact with your child for or how agreeable your ex would be.
    It wouldn’t hurt to have a chat with the staff at the contact centre and ask their advice. If the relationship going well maybe you could at a time that’s best for everyone take your child for an ice cream or something for 20 mins. I assume that trust needs building and if your ex agrees make sure you have your child back at the time you promised.

    chall ~ afairercsaforall

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