Some help with the CSA please

[Big1978]

Hello all...

 

 

I'm after some advice from my brother (I have no idea about the CSA, but have heard some horror stories) so I am very worried for him. I am going to try to get to that facts and keep the emotion out of this post...

 

 

My brother has a son by his estranged wife (8 years old). They split even before my brother knew she was pregnant (not that that makes a difference of course). They have had an informal arrangement for years, which seemed to work. But a few years ago (not sure how long, I can get the information if needed) my brother was contacted by the CSA making demands. To cut a long story short, they are now demanding £63 a week. It's the amount of letters that is distressing his partner (my brother doesn't get his post until he's home at the weekends and on one occasion he got 18 letters in ONE day).

 

 

My brother has a new family and a 6 month old baby and works away all week. He is really struggling with making ends meet for his family. My brother relies on his family to help him with his admin as he works away and doesn't have much time.

 

 

What can I do to help him or what advice can I give him on what to do?

 

 

He has some debts which he's trying to pay off too - I think the best way is for him to declare himself bankrupt to start things fresh (but I'm not sure where that fits with the CSA).

 

 

Any help would be so much appreciated.

[Ros1609]

Has he asked for a breakdown of how they got to £63 a week? Does that include arrears etc? Has he informed them he has a new baby as that will reduce his payments

 

It sounds to me like his ex wife has worked out she can get more if she goes through the CSA. Is he still paying through their informal agreement? If he can find out the date when she first claimed and prove he continued to pay the informal amount for however long then that might also reduce the payment

 

Not sure how it works if he makes himself bankrupt

[Big1978]

Has he asked for a breakdown of how they got to £63 a week? Does that include arrears etc? Has he informed them he has a new baby as that will reduce his payments

 

It sounds to me like his ex wife has worked out she can get more if she goes through the CSA. Is he still paying through their informal agreement? If he can find out the date when she first claimed and prove he continued to pay the informal amount for however long then that might also reduce the payment

 

Not sure how it works if he makes himself bankrupt

 

Thanks so much - I'll pass on the questions to him.

[Big1978]

Is there a "percentage" that the CSA can take? My brother is on around £300 week before deductions...

 

Does anybody else know about the bankruptcy thing please?

[leigh04]

If your brother decides on bankruptcy CSA payments still have to be paid as far as I can make out.

Google bankruptcy and csa payments and have a read sorry I cant be any more help.

 

Also google csa payment and it should get you csa calculator on the .gov website

[Big1978]

Thanks so much

[antone]

A leaflet explaining the calculation is available here. I would guess it will be the "2003 scheme" rules that are in force as the child is 8 years old.

 

Roughly speaking, to work out the weekly amount they would take his net earnings after tax, NI and any contribution to a pension. Assuming this amount to over £200 per week, they would use what's called the "Basic Rate" for their calculations. Because he is responsible for another child who lives with him, they would then deduct 15% from that figure. His weekly maintenance would be 15% of the remaining amount.

 

Example: If his weekly take home pay was, say, £250:

 

Deduct 15% (£37.50) as he has care of his 6 month old baby, leaving £212.50 per week

His maintenance is 15% of £212.50, which is £31.88

 

If his son stays with him regularly (at least once per week) then maintenance is reduced to take account of this.

 

If any arrears have accrued, these can be deducted up to a certain, fairly high, amount. Although it was only for one month, I did have to pay some CSA arrears a few years ago and it left me with something like 60% of my salary for that month, which is painful.

 

Meant to add: if someone would like to check my reasoning based on the leaflet I linked to, that would be appreciated.

[Ros1609]

Looks about right to me Antone.

 

My ex husband was made to pay over £700 arrears in one go, they wouldn't negotiate with him despite me saying I was happy to be paid in installments

[Big1978]

Thanks again, everybody. I really appreciate it and I'm sure my brother will be.