Shared Care and csa?

Question

Hi, I have had my salary arrested since Nov 07 by Child Support Agency, My ex wife claimed that I had overnight care of my child for approx 20 nights per year, This was obviously disputed and recently went before a csa tribunal. The tribunal ruled in my favour that I do have my daughter at least 2 nights per week (Over 104 but not exceeding 155 nights per year)

Is there any help available to full time employed fathers who not only pay Child maintainance for their child but also have shared care, also I assume (hope) that a new monthly calculation will be worked out soon but have no idea how long this takes. Can I claim back the overpayment that has been taken from me in wages arrestment since the false claim was made by my ex wife.

Just for the record, I absolutely adore my daughter and have never had a problem supporting her financially, It is every parents duty to do this.

Answer 1

you are lucky that you have paid some csa, I have been waiting for my ex husband to pay me some for the last 4 years. I have been told that I will get back pay, but not said how.

I should think that you would be entitled to back pay but how long it may take is the big question.

Answer 2

Your payments will be readjusted by the CSA, it takes about 8 weeks for them to do it. At your appeal you would have had a case paper bundle, on this  at the front page there will be a date of change/application or super cession; this is the date that the tribunal look at as the start of your circumstances (I would anticipate it was Nov 07), the Tribunal decision takes effect from that date and it is if the CSA's decision was never made. This means they must pay you back the difference between what you have paid and the rate determined after the tribunal decided you had shared care. Your arrears will continue to accumulate until your situation is rectified. Getting your back dated money, unfortunately, takes quite awhile. Once your actual payments change, keep on at them for the back date

Answer 3

Since the tribunal acknowledge your claim of more than 104 nights, then the re-assessment should take into account the amount you have paid since you informed them of the amount of nights you had your daughter. But you will not get a lump sum back in my expierance, they will instead amend your payments and you will pay a reduced rate, until that money is effectively repaid!

Re-assessment time varies from caseworker to caseworker, i was just 3 weeks, but it is a simple case. Yours may take some time. Beware however that c***s ups happen with the CSA and your payments may not decrease!

As far as I am aware there is no help out there for fathers in your situation, and money always goes to the PWC (parent with care).

Answer 4

That is appalling but I'm not surprised. I'm sure they must have to give you a rebate of everything overpaid but god knows where the money would come from and with the complete and utter incompetence of the CSA I think it may be more realistic to write it off now and see it as a bonus if it comes in.

Basically as a bloke is this situation you are shafted and I sympathise. Is there no way you can arrange finances with your ex-wife outside the CSA? Saying that she doesn't sound too reasonable. The system is unbelievably bad.