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 Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33316
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

I appealed a decision against the CSA from 2011, my ex went

Customer Question

I appealed a decision against the CSA from 2011, my ex went on sick leave for 6 months on full pay, then went on half pay for 3 months, then whilst in employment he proved he should have been on full pay, he won his case with his employers thus getting his wages back dated, my son's maintenance calculations were reduced, but the CSA and the appeals have said this money was a lump sum and cannot be taken into consideration with my son's maintenance payments, the money was paid through my ex's wages so tax and insurance would have been paid on this, and he was still in employment when it was back dated.
Again the CSA and the appeals refused my appeal stating a lump sum cannot be taken into consideration, my maintenance assessment is on old rules pre 2003.
Also the CSA have said as my ex is claiming carers allowance for his now son whom goes to mainstream school, he does not have to pay for my son is this correct? he works as well and earns £100 per week.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
I am unclear what lump sum he actually received - are you talking about half pay for the three months?
Clare
Customer: replied 2 years ago.

The CSA said he was on half pay for 30 weeks, but my ex said he was receiving half pay for 6 months then changed it to 3 months, so I am unsure, but the CSA did reduce my son's maintenance for 30 weeks as said.

Expert:  Clare replied 2 years ago.
Hi
How much was he earning?
Clare
Customer: replied 2 years ago.

He was a prison officer, I think he was on £460 per week full pay, then it went down £305.67 per week

Expert:  Clare replied 2 years ago.
Hi
How much was the reduction in the assessment?
Clare
Customer: replied 2 years ago.

It went from £120 to £52.69, what I wanted to know, was my son legally entitled to have his maintenance reassessed under old rules on the grounds my ex had his wages back dated, as stated this was classed as income.

Expert:  Clare replied 2 years ago.
Hi
To check - when you say Old rules do you mean pre 2003 0r pre 2013/
Clare
Customer: replied 2 years ago.

Sorry Clare, pre 2003.

Expert:  Clare replied 2 years ago.
Hi
It will take me a little time to research the Carers allowance point and I am away from my main computer for the the next few hours (and I am too old to use the i-pad well)- but I will get back to you!
Clare
Customer: replied 2 years ago.

Thank you Clare.

Expert:  Clare replied 2 years ago.
Later then
Customer: replied 2 years ago.

Hi Clare, have you found out about my issues with the CSA yet, or are you checking it out?

Expert:  Clare replied 2 years ago.
Hi
Just back at base now - will be on later and complete your answer
Clare
Expert:  Clare replied 2 years ago.
Hi
Sorry for the delay.
The lump sum he received was in fact arrears of income - not any other form of gratuity and as such there should be a reassessment OR the ongoing assessment (at that time) should have included that income.
This is a perfectly reasonable argument to make and worth pursuing (no guarantee of success however)
With regard to the Carers Allowance point what I suspect it refers to is that his "protected income" is more than his actual income - under the 1993 scheme there was no minimum payment set
I hope this is of use
You may also find this group helpful
www.nacsa.org.uk
Clare
Customer: replied 2 years ago.

Hi Clare,


With regard the second point I am a little confused as to what you mean,


does the carers allowance rule out maintenance for my son, I don't understand "UNDER THE 1993 SCHEME THERE WAS NO MINIMUM PAYMENT SET", please could you explain this, thank you.

Expert:  Clare replied 2 years ago.
Hi
Under the 2003 and 2013 schemes if a non resident parent has an income but it is under £100 there is a minimum payable of £7 a week
There was no set minimum under the 1993 scheme - so if the income is below the protected amount no maintenance is payable
It is not the type of allowance that means it is not payable - it is the fact that the income is too low
Clare
Customer: replied 2 years ago.

The CSA have told me it is the allowance, the carers allowance, as my ex is earning £100 per week so he can claim carers allowance, and the CSA said because he is getting carers allowance he is nil assessment, are they correct?

Expert:  Clare replied 2 years ago.
Hi
I think they are confusing the 1993 and the 2003 schemes (it happens) but I will check and let you know
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:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions