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: 33946
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

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: 8 months ago.
Category: Law
Expert:  Clare replied 8 months 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 8 months 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 8 months 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 7 months 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 7 months ago.

When were the CSA first involved?

What is the income issue?

Customer: replied 7 months 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 7 months 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

http://www.legislation.gov.uk/ukpga/2003/1/content

You may also find this article helpful

http://www.familylawweek.co.uk/site.aspx?i=ed116359

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

Customer: replied 7 months 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 7 months 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 7 months ago.

How much travelling does his work entail?

Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you
Customer: replied 7 months 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 7 months 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 7 months 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 months ago.
Morning Clare. Could you please comment & advise on my previous 3 similar messages/Questions I've detailed above. Many thanks
Customer: replied 7 months ago.
Could someone give me a call please on***********to discuss.
Many thanks
Customer: replied 7 months 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.

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
< Previous | 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