Do IVAs and loans get taken into account when calculating CSA?

September 10, 2012

Just wanting some advice on how to deal with a CSA claim against me? I have offered my ex £200 per month, and for me to take on (And pay off) the £2k overdraft that we have got. I have today had a call from her saying shes taking me to the CSA.

Can you tell me where i stand? I bring home £1995 per month but have £521 come out for a IVA agreement and a loan that i am paying back to my parents. Does IVA’s and loans get taken into account when calculating CSA?

Does the joint Dept of the overdraft get taken into account? I have our son Thursday nights 1 week and thursday to sunday the following week.

Comments

  • Carol says:

    CSA will take 15% of your net salary for one child. They will take into account you have your child one night a week. The only deductions taken into account are tax, national insurance and any pension payments you make, up to a certain limit.

    The CSA will not take into account any debts you have, housing costs etc. If you take on the joint overdraft to pay off I would think you would have to apply for a variation for the csa to take it into account. You may be best trying to get your ex to also pay something towards it instead of trying to get the CSA to take it into account.

    Here is the CSA calculator which may help you to find out how much maintenance you should be paying http://www.csacalculator.dsdni.gov.uk/calc.asp

  • chall says:

    Matt,

    Joint debts/debts from the relationship may get taken into consideration if they meet the criteria.
    Loans will only count if they are from a qualified lender, or from a current or former employer.

    You should advise the CSA regarding the IVA.

    chall ~ afairercsaforall

  • Jessica says:

    Loans will only be taken into consideration if they were taken out when you were together for the benefit of the child.
    For example if it was for a bed which the child still has, then it would be taken into consideration. You need to be able to provide some form of evidence as to how the loan was spent, and that it was not to your benefit.
    Overdrafts/credit cards will not be accepted for a variation, as you cannot prove exactly where every penny of it has been spent due to how they are paid back.
    Also, it may be worth noting that variations are discretionary, and worked out to a weekly amount before applying a £15 threshold. So, for example, if you pay £80 a month for a loan for the child’s bed, it would work out at £18.45 per week. Applying the threshold means you would have £3.46 left over, which would then reduce your Net Income used for the assessment. So if you have been assessed as earning £280.00 per week, it would be reduced to £276.54 per week, and then the calculation would be done.

    You would receive a reduction for the number of nights you have care of the child. It requires a minimum equivalent of 1 night per week.

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