How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Kasare Your Own Question

Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
12488363
Type Your Family Law Question Here...
Kasare is online now

up until 2yrs ago I had a direct from earning paying child

Customer Question

up until 2yrs ago I had a direct from earning paying child support. At the time I over piad a considerable amount and regularly contacted the csa. The dfe attachment stopped and I assumed the an over payment was being paid back. I was contacted in September this year for a new assessment. I have now been told I have to repay £6000 via a dfe and I will be left with approx. £1000 per month of which I have my outgoing to come out of that. When I asked about the overpayment , csa claim child benefit was still being paid th mother, therefore I have to pay. This was a fraudulent claim and feel csa have also claimed money from me fraudulently, how do I stand
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.
Why was your ex not entitled to Child Benefit?
How did the overpayment come about?
Clare
Customer: replied 2 years ago.

Hi Clare,

Thanks for you're response, It gets complicated, so bare with me. I have children by two ex partners. I have a son and daughter by Ms Hobbs and a son by ex Mrs Scott. Ms Hobbs continued to claim child benefit for approx. 8mths until I contacted CSA who then investigated which took approx. 3mths, the 3mths was paid back to myself. I have been told that the CSA rely on child benefit claim for child maintenance, i.e as long as a child benefit claim is running, CSA will collect maintenance and the fact that it is fraudulent is not their problem I am told. all the same money has been collected from myself by a direct from earning order.

The overpayment came about when my daughter left school in Sept 2011. I had been in regular contact with the CSA prior to her leaving school to ensure there were no more over payments from myself. Despite this the CSA still took the money from my earnings until Oct 2012, despite numerous phone calls from me. I did receive a letter from the CSA stating that liability ended on 02-09-2011 and a new assessment of £43.00pw for my youngest son and they would be collecting £248.72 from 01/06/2012-01/07/2012 then £228 from 01/08-01/08/2012 ?. looking at my payslips now for that period I can see payments had stopped being taken from my earnings, I did not notice this for some time, I had got used to an amount of money and did not notice from payslips as I had got use to the fact it was taken from source of which I had no control over, I take responsibility for not checking my payslips. When I did notice I assumed CSA had stopped collecting to compensate my overpayment, not receiving communication from CSA is not unusual. That brings me up to date, I am now responsible for a debt of £6000 which is being taken direct from source and I am told I will be left with approx. £1000pm out of which I have to pay rent, council tax, utility bills, food, travel to work etc with no assistance. I hope this is enough info & I look forward to you're response.

A very worried and confused

Mike

Expert:  Clare replied 2 years ago.
Hi
Can you just confirm the ages of the three children (it will help me keep things straight)
When was the last payment made?
Clare
Customer: replied 2 years ago.

Eldest son Thomas DOB 23-11-91, Daughter Natasha DOB 29-01-95, youngest son Nicholas 04-11-98.

Last payment was made Oct 2012

Expert:  Clare replied 2 years ago.
Hi
How much was the overpayment and what is your current monthly income?
Clare
Customer: replied 2 years ago.

The CSA it appears re assessed and reduced payment by £17pw over 52 weeks I estimate £935. As to the over payment with eldest son I

estimate the same.

Over recent months I have taken home £1600 pm

Expert:  Clare replied 2 years ago.
Hi
So the actual amount of the arrears is not necessarily inaccurate?
(by which I mean being the CSA it probably is but not substantially)
Clare
Customer: replied 2 years ago.

Hi Clare,

I guess I have to forget about the £900 fraudulant claim made by Ms Hobbs for eldest son to the child benefit office that the CSA say they can do nothing about.

Expert:  Clare replied 2 years ago.
Hi
Did HMRC rule that the claim was fraudulent?
Clare
Customer: replied 2 years ago.

This is my claim based on fact that eldest son left school in the previous September running up a approx £900 overpayment, this added with the assessment in 2011 that states liability is £43pw and was overpaid at £228pm I estimate again approx £1000 overpaid. Substantial amount I think

Expert:  Clare replied 2 years ago.
Hi
Can I just check - when you say he left in September - do you mean he did not go back after the exams the previous June?
Clare
Customer: replied 1 year ago.

Correct

Expert:  Clare replied 1 year ago.
Hi
How many children were you paying for at that time?
Clare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)