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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33827
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I been in protracted discussion with the Child Support Agency

Resolved Question:

I been in protracted discussion with the Child Support Agency on behalf of my son regarding the amount of payments he is due to make covering a period from 2008 to 2012, during this period I have provided full income details to the CSA based upon actual earnings only to be advised for the first time on 11.06.14 that payments due are not based upon actual earnings but earnings for a period 8 weeks prior to and up to the date of the CSA decision calculation. While I have also been advised this is legally binding I feel our position has been made impossible due to the CSA withholding this basic and critical information from us and we propose to appeal the CSA decision for this reason and would greatly appreciate any relevant information that may be of assistance. We have also been advised by letter on 25.03.14 that the total arrears was £1904.98 at that time only to be advised by phone on 11.06.14 that the figure is £3308.98, We have paid weekly during the intrim period plus £20. per week arrears (this amount paid only to progress the case) C J Munro
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How has the income fluctuated during this period?
Clare
Customer: replied 2 years ago.

Have brought a closure on the great majority of issues, not because we agreed with the CSA but mainly to reduce the number of outstanding disagreements and the +is roughly equalled the -is, there are three outstanding periods 11.03.10 to 17.11.10 where the difference is that the CSA have claimed £1656 more than we considered was due, during that period there was wide fluctuations in income between £1392 down to £25.


The next period is 24.02.11 to 13.03.11 CSA claiming £144 more than wage slips equate to, income for that period was between £1259 and £0.00


 


The third period in question is 10.11.11 to 31.10.12 CSA claiming £450 more than wage slips equate to (unemployed for approximately 6 months, income varied between £2555.31 and £0.00.


 


All incomes are Gross, my concern is that we have asked on numerous occasions for the CSA reasons as to how they arrived at their calculations, that information was never passed to us until the 11.06.14 and then just covering the three periods outstanding.

Expert:  Clare replied 2 years ago.
Hi
Have you asked for a copy of the file?
Clare
Customer: replied 2 years ago.

Good Afternoon


I asked for and got details of the weeks which the CSA based their assessment on, two of these are incorrect and I feel for that the third was selective as the CSA chose 3 consecutive weeks, missed out the 4th which was a lower figure and went on to the 5 week, however I have not asked for the complete file, am I entitled to do this.

Expert:  Clare replied 2 years ago.
Hi
Your son is entitled to a full copy of his file under the Freedom of Information Act (cost £10)
Once you have that then clearly you can do the correct assessments and raise a formal complaint.
Always always deal with the CSA in writing
Back up every phone call with a letter
In making the assessment please remember that the assessment is a set period - the two months (or eight weeks) prior to the assessment and whilst it is possible to ask for a re-assessment if there is a substantial drop in income this does have to be applied for.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33827
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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