The CSA: Questions and Answers – by guest blogger Rachel Baul
Solicitor Rachel Baul joined Stowe Family Law in 2004, and is a member of the Law Society’s Family Law Panel. She specialises in all areas of family law and ancillary relief, and has been commended by a number of the firm’s high profile clients.
The breakdown of a relationship is never easy, but the involvement of children can make a difficult break-up emotionally and financially gut-wrenching.
Not every couple will need the Child Support Agency’s help – many come to amicable agreements that work well and support the best interests of the child – but in the absence of an agreement the CSA is arguably the easiest and cheapest way to ensure that child maintenance is paid.
You can ask your lawyer to pre-empt the CSA when preparing a financial settlement upon divorce, by taking into account whether it is appropriate to combine spousal and child maintenance into a global figure. This can then be enforced even if an application to the CSA is later made by the non-resident parent.
This is certainly an avenue to pursue given the CSA’s reputation, with those using the service complaining of serious difficulties. Frequently it appears that there is no uniformity of advice. Phoning 3 different departments can result in 3 different answers to the same question.
Given the administrative problems at the CSA, and the emotional pressure involved, I am often asked to advise people on how to deal with the agency. I have listed some of the most common questions, along with my advice, below.
When can I apply?
Unless you have a child maintenance agreement from before 1991, or a court order dated pre-March 2003 then you fall within the remit of the CSA.
Either party can apply to the CSA for a maintenance calculation, except when there is a court order in place from after March 2003. In these cases the CSA is excluded for 12 months, after which time either parent can opt out of the order and apply for a CSA assessment.
The CSA’s calculations are based on the income of each party, with the assessment having a maximum ceiling of £104,000 take home pay per annum. If either party wishes to have income above this level taken into account, they are able to apply for additional “top up” maintenance through the courts.
What if both parents spend an equal amount of time with the child?
If there is a joint residency agreement in force, the parent in receipt of child benefits is deemed to be the resident parent and can apply for CSA maintenance from the other parent. If the child’s time is divided equally between both parents, the maintenance to be paid by the parent who is not in receipt of child benefits is calculated at the standard rate, but with a discount of 3/7ths. (This is the rate of discount when a child stays overnight with a non-resident parent for between 156 and 207 nights per annum.)
If there are two children, it may be that the parents agree to split the child benefits. If each parent is in receipt of benefits for one child then in theory, parents can make cross-applications – although in practice, most parents simply do not claim in these circumstances.
Does the CSA cover children living abroad or from other marriages?
The CSA can act when the non-resident parent resides in the UK. There are also reciprocal agreements with other child support agencies around the world, including Australia.
It is important to note that the CSA only has jurisdiction over the natural or adopted children of a relationship and cannot deal with, for example, step-children where the step-father has taken financial responsibility for the child during the relationship. However, the court has the power to make maintenance orders in respect of these “children of the family”.
How much must non-resident parents pay?
CSA maintenance is calculated based upon the net income of the non-resident parent. That is to say, income after deductions of tax, national insurance, student loan and pension contributions.
There are 3 bands of child support. For those on a weekly income of less than £100 per week, or who are on benefits, there is a £5 flat rate. Those with an income of £100 – £200 per week will pay the flat rate for the first £100 then a proportion of their income for the next £100.
The majority of claims will fall into the standard rate category, which covers any non-resident parent with a net income of between £200 and £2,000 per week. The formula is somewhat simplistic: 15% for one child; 20% for two children; 25% for three or more children.
There is provision for a reduced payment to be made if the non-resident parent is responsible for the children over night more than 52 nights per year, on a sliding scale that starts at 1/7th discount of the weekly payment. Non-resident parents can also deduct a small amount of up to £15 per week for special expenses such as travel.
The CSA will also take into account any other child living with the non-resident parent for which they have financial responsibility.
What if the non-resident parent earns more than £2,000 net per week?
The Children Act makes provision for special top-up payments to be awarded where the non-resident parent has an income above this level. This can take the form of increased maintenance levels or paying for school fees, nursery fees or other extras.
As any top-up payment needs to be pursued in the courts, without support from the CSA, this effectively means there is a two tier system, forcing a resident parent to reapply to the court to enforce the increased maintenance demand.
What if they won’t pay?
In the same way as PAYE tax works, the CSA has the power to deduct from the non-resident parent’s wages at source to ensure payment. The agency also has the power to confiscate passports and driving licences as well as various enforcement and penal actions it has at its disposal.
The CSA has been heavily criticised for a lack of clout when it comes to self employed parents where income dries up, or when funds are diverted to a partner’s or business account. Equally vocal have been the critics who point to the laborious process of appealing a CSA assessment, which is felt to be too low to support the child’s expected lifestyle.
Arrears are deducted as additional payments along with future child maintenance payments (in the same way that overpayments of benefits are deducted at source from future income and benefits).
In situations where there is a delay in the CSA making a ruling, or there is a prolonged investigation into the true financial picture, the payments will be backdated to the date of the application and arrears will be included into the monthly payments to be repaid over the next year.
In other words, for non-resident parents it’s extremely important to respond promptly to CSA notifications and provides any information requested as soon as possible – you’ll have to pay eventually.
What if I don’t think I am the father?
If the CSA contacts you about a child, but you do not believe you are the father you have the option to request a paternity test. The CSA requires that you pay for the DNA test in the first instance, but if the results of test show that you are not the father the CSA will reimburse the expense.
If your name is on a birth certificate, you were married to the mother at the time the child was born or if you refuse the offer of a DNA test, the CSA will assume you are the father. This is why it’s extremely important to not ignore the agency’s requests.
For those fathers who do resort to a DNA test, ensure that you have the test carried out by a recognised DNA laboratory such as CELLMARK or the CSA may reject the test results as invalid.
When should you seek legal advice?
Liaising with the CSA can be a time consuming and fraught process and at Stowe Family Law we’re happy to communicate with them on your behalf.
If you are contesting an allegation of paternity we can assist in arranging a DNA test and advise you on your options dependant upon the outcome.
However, more important is what to do if you are a resident parent and you believe you are entitled to a top-up payment. This is a court process; we can advise you and pursue your application on your behalf.
Note: This blog receives lots of queries related to the Child Support Agency (CSA). Unfortunately, because of the complex and labyrinthine nature of CSA processes and rules, such questions often call for lengthy and long-winded answers. For this reason, it is difficult to answer such queries on an individual basis.
If you are seeking advice about a situation that involves the CSA, perhaps these earlier posts will help. If your CSA-related query is of a pressing nature, I recommend that you contact the National Association for Child Support Action: a hardworking organisation that can provide ongoing assistance, advice and support.
Image credit: roblisameehan.
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15 Comments
chall on October 6, 2008 at 2:50 pm
Hi,
I am a co founder of afairercsaforall.co.uk although only 5 months old, we have a strong and increasing membership of 377 – we are campaigning for a fairer child support system – We have members on site that are CSA experts, and others offer support, and help to all those parents the CSA fail, due to maladministration, delays and agency non performance.
We as a group are already expanding due to demand, and at present are in talks with child poverty organisation. I would apprecicate if you would consider linking sites with us, to further enable those that need support, to be able to achieve it.
Thanks
chall
Jan James on October 24, 2008 at 4:08 pm
Dear Rachel
A BBC current affairs news programme called the “The One Show” recently featured a very informative review of the CSA. This article also appears on the shows dedicated BBC web page, together with a link to the web site for an organisation called NACSA Ltd (Registered in England Reg. No 4437043).
Your site contains a wealth of detailed information, especially your reference to the Child Maintenance and Enforcement Commission (CMEC) and I would be grateful to receive clarification of reported implementation dates for revised legislation detailed hereunder:
• CMEC will operate on the percentage based scheme as seen in CS2 rules but income of the NRP will be taken from the latest available tax information.
• Child maintenance will be calculated on the gross income of the NRP.
• Percentage rates will be set at 12% for one child 16% for two children and 19% for three or more children.
• Increase the capping of income from £2000 pw to £3000 pw
• One year fixed term payment schedules will be imposed, with variations to maintenance payable allowed only if a minimum 25% change of income is reported.
I look forward to hearing from you soon.
Yours sincerely
Jan James
Serapis on October 24, 2008 at 4:14 pm
Rachel,
You mention paternity tests and their use but do not go into much detail. The question of parentage is not always as clean cut and I am a good example of that. When my son was born I had no reason to question whether or not I was the father until some time later when an affair was uncovered. My (now) ex-partner never allowed me to be put on the birth certificate nor does my son have my last name. He was told not to call me “daddy” and I have no parental rights. My ex says I will only ever get them “over her dead body”. Lastly and this may have just been out of spite when the relationship ended but she once said to me, “How does it feel to pay for another mans child”.
I reported this to the CSA whose response was to call my ex and ask her if I am the father. She obviously said I was and in the eyes of the CSA my claim was unfounded.
Now the CSA say I need to apply for a section 20 in court to get a DNA test carried out, but that’s all the information they will give me. Do you have any advice for people in my situation who have signed the form saying they where the father but later have had doubts and would like to clarify the situation?
Great blog post by the way.
Serapis
emma on November 18, 2008 at 1:23 pm
i have been reading with much interest and relief the info on this website. how can i proceed in a case where the NRP is self employed – for 3 years – but accounts not produced to CSA and when they are he is claiming no earnings!! i am now 3 years into my battle…………
Shaun on November 20, 2008 at 11:40 am
Dear Rachel,
I have recently been contacted by the CSA and asked to pay for my two children. I had been offering my partner 20% of my net salary for weeks but she continued to refuse it because she was convinced that she would get 20% of my gross salary. The CSA have now told me how much I have to pay and they are refusing to take my student loan into consideration. I believe this is unfair because I incurred this debt whilst I was with my partner and after my children were born. Before I graduated, I was unemployed and was earning nothing. Had I not taken the student loan, I would not be in a position to pay the amount that I am able to at the current time.
The family home was signed over to me recently and I will struggle to make the payments and pay – what is in effect – more than 20% of my salary. The response from the CSA was “Tell the student loan body that you can no longer pay them”. My student loan is taken directly from my salary.
Could you please tell me if my student loan should be considered?
Many thanks,
Shaun
Shaun on November 20, 2008 at 1:55 pm
I seem to be having a lot trouble with the CSA the moment. I had my first call from them on September the 20th. They asked me if I would like to complete the application there and then or would I like the forms posted out. I explained I was at work so I would like them posted out to me. When my ex partner left the family home months prior to this conversation, she had her mail redirected to her new home. Unfortunately, a lot of my mail was redirected too so I never got the forms. I then got another call from the CSA on the 13th October. I agreed to complete the application on the phone and was informed that payments would be effective from the 13th October. I was advised by the case worker to put some money aside to cover the next two weekly payments of October. I received several letters confirming that the effective date is the 13th but whilst on the telephone with them today, they said it was their mistake and the effective date is 20th September. They have informed me that they will take 40% of my monthly salary until I catch up.
tom on November 25, 2008 at 11:06 pm
I have been charged arraers and the CSA cannot provide a breakdown of these arrears what can I do Im still having to pay although I know for a fact I do not owe them this is on top of what i already pay in total £320 out of £1000 a month
Christine on January 29, 2009 at 6:51 pm
I am having difficulty in making the CSA understand my predicament. I earn £50 thousand or so LESS than the ex husband, ( who has blatently lied throughout the claim) He has my son living with him (so called Full time education although my son is NOT attending 80 per cent but at 63) and my daughter who lives with me (but is being coaxed to live with the ex, in so called fulltime education ( I have found out that she is not attending as she should either)
He has managed to obtain an Attachment of Earnings Order to my meagre wages, whilst he is refusing to give details of his Wages Department to the CSA as he is IN ARREARS for several thousands of pounds for two years. He works on the rigs and earns NINE TIMES more than I do. HOW CAN THIS BE? He seems to think that he can lie in the Divorce Court and Lie his way through life! Totally unfair and unjust. All I want is justice and to be left alone to pay my bills.
Leonard on February 11, 2009 at 10:23 pm
I am currently paying for my 2 children from a previous marriage, I have since moved on and now have a new child with my current partner. Now I am aware that this will be taken into consideration, but I have been financially supporting my partners child from a previous relationship for the last 6 years, and even though biologically he is not mine I treat him and support him as my own. Does this get taken into consideration as in all but name and blood I treat and support him as my own?
jo conner on February 14, 2009 at 9:49 pm
My ex-partner has three liability orders for non-payment of child maintenance through the CSA. He owes in excess of £37,500. My son is now 17. He has never paid maintenance for his son. My ex is self employed and the figure was based on an interim assessment order. Last year he was given a suspended sentence on the condition that he pay the current £87.00 a week and £100.00 in arrears. However, our son is now on an apprenticeship and not eligible re the £87.00 per week. So, my ex has to pay the £100.00 a week. This is sporadic. I have asked the CSA to look to the courts to increase the repayment. They said it would be a waste of time and that I’m lucky to get what I am now. My ex is very wealthy and self employed. My issue is this. 7 years ago in an attempt to get my ex to pay ‘something’ I agreed to £30.00 per week as our son needed items I could not afford. My ex paid this in to our sons account, sporadically, over an 18 month period. I had no access to the account and control of the bank account was by our son only. My ex would call him to buy himself PC games, a mobile phone etc. I received a letter through the door last week from my ex’s solicitor. It stated that he can prove he paid maintenance over this period (above) and that I was to reimburse my ex (regardless of the CSA arrears!!!) or he will be taking me to the small claims court as he feels he is paying twice over the same period, even though he admits to the £37,500 debt. How is it that he can take me to the small claims court over this and yet the CSA have been so incompetent to allow the deby rise to a staggering amount? The money was never paid to me but to our son. I may have called this ‘maintenance’ to him to secure some money for his son, whom he never bought birthday / xmas presents for. What am I to do? I dont have that kind of money! I have replied stating if he paid the money he owed I would happily reduce the figure of the amount owed even though I refute this was maintenance! I have asked the CSA and they state that he was informed by tyhem 2 years ago that they did not deem this as maintenance also – so how can he take me to court, when the CSA are dealing with these issues. Surprisingly, having been told that the Enforcement Officer in the CSA would ring me back, ten days later and no return call. Can you advise me? Can my ex do this? WIth what legal clout can he do this? Why cant I demand mjy money from him this way?
trisha on July 19, 2009 at 4:45 am
thanks a lot for this post
steve on September 22, 2010 at 6:21 pm
At what age do you legally stop paying maintenance for your children???
stevie f on December 31, 2010 at 7:57 pm
what if both parents dont want csa involed,ut they are what happens then??