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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 33005
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Where will I find the "legal definition" on how the Child

Customer Question

Where will I find the "legal definition" on how the Child Maintenance Services tribunal will calculate monthly payments.
Submitted: 29 days ago.
Category: Law
Expert:  Clare replied 29 days ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

Which Regime is the assessment made under - CS1, 2 or 3 and what is the point you are trying to prove?

Customer: replied 29 days ago.
I am trying to find the exact "wording" detailed within this book of law regarding the definition of a persons earnings or income. There was a paragraph/sentence within this book defining a person total earnings or income received within a tax year which is the figure/value the child maintenance service use to calculate the monthly payments.
Expert:  Clare replied 29 days ago.

I understand that - but I need to know whether it is CS1 CS2 or CS3 rules that apply - and the rules are different in each case

Customer: replied 28 days ago.
Evening Clare, my son has only been written to by the Child Maintenance agency. He has appealed against the decision and therefore not sure if this falls under CS1, CS2 or CS3.? Whats the diffence in these and how would we find out which rule applies to his case.? Many thanks
Expert:  Clare replied 28 days ago.

When were the CSA first involved?

What is the income issue?

Customer: replied 28 days ago.
Hi Clare, the CSA were involved in March 2016 and we are just wanting to see the law book wording for Income as we believe it says something like "Income Earned" and his car allowance is not Income Earned but an income allowance. Hope this makes sense but if you could let me know the paragraph sentence/statement of wording within this book of law. Many thanks
Expert:  Clare replied 24 days ago.

Right - That is known as CS3 - it is the third incarnation and scheme.

The compendium of Legislation and Statutory Instruments - known as "the Orange Volumes" - much bedtime reading there but look more closely at the more recent additions.

In fact you are correct whilst under CS2 the Car Allowance was included as income under CS3 it is not

You will also have to refer to

Income Tax (Earnings and Pensions) Act 2003

You may also find this article helpful

I hope that this is of assistance - please ask if you need further details

Customer: replied 22 days ago.
Hi Clare and many thanks once again for confirmation of the vehicle allowance should not be included within my son's monthly child maintenance calculations. I have downloaded the legislation document, but it is 594 pages and could not find where this is detailed/described within the Income Tax (Earnings and Pensions) Act 2003 legislation. Could you please assist and let me know the page number so that I can review and then decide what course of action to take with any appeal. Many thanks
Customer: replied 21 days ago.
Afternoon Clare. We have appealed to the Child Maintenace regarding my sons Car allowance and would appreciate your help with either emailing us "Car Allowence" section of the "Orange Volumes" you refer to earlier which states that under C3 this element of Income/Ernings Allowence should not be included or posting the wording on this WEB note with the page number where we can find this wording. Hope that's ok.? Many thanks Clare
Expert:  Clare replied 20 days ago.

How much travelling does his work entail?

Clare, Solicitor
Category: Law
Satisfied Customers: 33005
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 20 days ago.
He is constantly travelling everyday from home to different remote sites around the Northeast of England and even throughout the normal working day he is "called out" to drive to breakdown sites with a problem. He is employed as a field service engineer. If he comes under CS3 was hoping to find the clause within the regulation you mentioned earlier which refers to a vehicle Allowence being excluded from the child Maintenace calculation. I can then print this out for my appeal. Could you please let me know your thoughts.? Many thanks
Customer: replied 14 days ago.
Good morning Clare. Wonder if you could please help with my previous message above and advise on where to find the CS3 document and the section which the "Vehicle Allowance being excluded" falls under.
Its just I have an appointment/meeting this week with the local citizens advice and my son to discuss and review our appeal.
Look forward to hearing from you again soon.
Many thanks
Alan ********
Customer: replied 11 days ago.
Hi Clare. Are you able to help me again with the previous points I made above.? If you could just let me know what I would need to process to just achieve the above. Your comments/thoughts would be greatly appreciated.
Many thanks.
Customer: replied 7 days ago.
Morning Clare. Could you please comment & advise on my previous 3 similar messages/Questions I've detailed above. Many thanks
Customer: replied 7 days ago.
Could someone give me a call please on***********to discuss.
Many thanks
Customer: replied 1 day ago.
Outstanding Question :-
"My son was written to by the Child Maintenance agency in March 2016 and have therefore establish that his case falls under the Child Maintenance CS3 Scheme/Legislation and is apparently the third incarnation and scheme.
I am my son's official/appointed representative and we have recently appealed against the decision to include his company car/vehicle allowance as part of his Child Maintenance payments.
His annual gross salary along with his company vehicle allowance are both added together to form a Total Gross Annual value upon his P60.
We have also been made aware that whilst under CS2 scheme, the Car/vehicle Allowance was included within child maintenance payment, but income under CS3 Car/vehicle Allowance is excluded
We are trying to seek the paragraph/sentence which states this fact within something known as "the Orange Volumes"
Can you please assist and advise your thoughts and comments on the above.

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