Child Support Agency
From FamilyLawWiki
Contents |
The CSA Big Picture
The CSA was set up to act in the financial support of children following separation of their parents.
The CSA is now called CMEC - presumably the change of name will make everything now work correctly.
The CSA works under the illusion that you are either the Resident Parent (RP) or the Non Resident Parent (NRP), the definition of this usually follows who gets Child Benefit. If the child spends 104 nights a year (2/7 year) with the NRP they will have a reduction of 1/7 of the assessment.
There are two systems:
- Old system - the NRP paid the RP on the basis of a complicated formula. This was supposed to cease and cases move to the new system, but most existing cases stayed on the old system.
- New system - started in March 2003. Essentially the NRP paid 15% for one child, 20% for two and 25% for three. All from Nett income.
- New system (Act in 2008, likely implementation in 2010).
- Change from 'net' to 'gross' income
- up to £800 per week gross income the amounts are calculated at 12%, 16% and 19%
- gross income between £800 and £3,000 the amounts are calculated at 9%, 12% and 15%
- for relevant other children the reduction of gross income before calculation remains, across all incomes, at 12%, 16%, and 19%
- flat rate amount is increased from £5 to £7, where income is less than £100
Organisations that help with CSA problems
- Child Support Solutions
- NACSA They can do so free of charge, but only via enquiries@nacsa.co.uk or by writing to them at PO BOX 4454, Dudley, West Midlands DY1 9AN
- Child Support Analysis
Notes
- It is better to deal with the CSA on paper, they have a reputation for forgetting things said over the 'phone.
- If you are in litigation over spousal maintainance, you should consider a Segal Order.
- The CMEC confirmed that they preferred direct debits or DEOs, but they would accept standing orders if requested. -- At a meeting with FNF, March 2009
The future of the Child Support Agency
In late 2006 & early 2007 the government Department of Work and Pensions conducted a consultation on how the successor to the CSA (C-MEC) should work. They seem to have been selective on the responses quoted and done what they wanted to in the first place. It seems unlikely that this will really improve matters in difficult cases and has great potential to make things worse.
Press Comment about the CSA
- Guardian Absent fathers need not just be seen as walking wallets
- Melanie Phillips Feckless women, not men, are to blame for this CSA calamity
Notes on Dealing with the CSA
- Deal with them on paper - this cannot be over emphasised
- When you receive a letter from them: "you need to instinctively put it under your pillow for two-three days, go out fishing, and do nothing about it for the duration. Just sleep on it." Good advice: haste will result in mistakes.
- S.40 of the Administration of Justice Act 1970 will help you if the CSA harasses you with many letters & phone calls. See [1] [2] [3]
- It can be useful to get a copy of their records on you, do that with a Subject Access Request.
Court Cases
- Mr Justice Mumby - 9 March 2006 said that magistrates had to ensure that the amount of the liability order was correct.
Paying the CSA
The CSA will attempt to get payments via a direct debit or a deduction of earnings.
They will also accept standing orders, although it appears that some members of CSA staff are not aware of this. Standing orders are to be preferred since you are in control and not so much at the mercy of their errors. Make standing order payments as follows:
- Bank: HSBC
- Name: Client Fund Account
- Sort: 40-34-18
- A/C: 41775448
You must give a payment reference, this is your CSA case number with '01' appended to the end.
