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Confused at CSA making up my income!
#11
(10-19-2017, 03:28 PM)MarkR Wrote:
(10-18-2017, 10:17 PM)Drew65 Wrote:
(10-18-2017, 09:38 AM)Puppysocks Wrote: I am just starting on this bitter road now....

I have same issue but they took my wages from 2 years ago when I had a better income (oil industry crash loss job etc etc).  They have ignored last years where I earned about £6000 so they started asking about my new wages, which are far from superstar.

Presently I am arguing with them that I need to pay both my family based agreement and their payments as they have not and are not sending any paper work stating that the "family based agreement" has been overruled.

Presently looks like even if I pay just the CMS it looks I will loose my home, I have already had to downsize my car and various other items are up for sale to make ends meet...

She has also reduced access to the absolute minimum in the court order (daughter and I had over time negotiated 2-3 extra nights a month) so as to increase her money.

The only answer and advice I can is the same as the only advice and I can get "I am sorry".....

I have my daughter this afternoon if its like last time it will be her telling me what the X is planning next (she is only 10)...
I would ask for mandatory reconsideration urgently if it were me.

They can go back, If I remember rightly up to 6 years (regulation 4 Para 2). the 6k you earned last year wouldn't make threshold to actually pay anything out you see. So they have the right in regulations, to go back further. Thats where you apply your mandatory reconsideration, if your present gross taxable income, drops below the 25% threshold of that which the HMRC are stating your GTI is in a certain year. They even have rights to estimate your income if no historic records exist (Regulation 42)

If you have a case on you from your ex then you dont need to pay your £20. If you are setting up a case then you wouldnt be talking about how much you have to pay. 

Point of fact just so other members know, your case year, starts when the CMS say it does. This is usually around 6-8 weeks after your Ex's start their claim, pay their £20 and the CMS have done all their checks and investigations. That bit is in regulations 11 and 12 of the Child maintenance calculations regulations. It basically says, the CMS must do all their checks, once that's completed then they tell you your case start date, how much they estimate etc etc, and this becomes your "initial effective date" 

http://www.legislation.gov.uk/uksi/2012/...tents/made Check regulation 11 and 12

In my case, what started in May 2017, the case year started on the day I paid the £20. I know there is different sections depending on if the paying person is on Benefits, Self Employed or Employed, so it might be that as I had said she is on benefits, it was allocated to that section that day, where as if the status is not known, there might be a delay in allocation.
Sorry I should have made it clearer.

If members were to read the regulations there, it refers specifically to Non resident parents. The case year for NRP's starts once the CMS have completed their investigations and checks, and the NRP has responded.
I was not referring to the resident parent, as I am not in that position and the regulations dont refer to the effective date for case year at all with regards to the resident parent, only the non resident
Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional.
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#12
(10-20-2017, 06:34 AM)Drew65 Wrote:
(10-19-2017, 03:28 PM)MarkR Wrote:
(10-18-2017, 10:17 PM)Drew65 Wrote:
(10-18-2017, 09:38 AM)Puppysocks Wrote: I am just starting on this bitter road now....

I have same issue but they took my wages from 2 years ago when I had a better income (oil industry crash loss job etc etc).  They have ignored last years where I earned about £6000 so they started asking about my new wages, which are far from superstar.

Presently I am arguing with them that I need to pay both my family based agreement and their payments as they have not and are not sending any paper work stating that the "family based agreement" has been overruled.

Presently looks like even if I pay just the CMS it looks I will loose my home, I have already had to downsize my car and various other items are up for sale to make ends meet...

She has also reduced access to the absolute minimum in the court order (daughter and I had over time negotiated 2-3 extra nights a month) so as to increase her money.

The only answer and advice I can is the same as the only advice and I can get "I am sorry".....

I have my daughter this afternoon if its like last time it will be her telling me what the X is planning next (she is only 10)...
I would ask for mandatory reconsideration urgently if it were me.

They can go back, If I remember rightly up to 6 years (regulation 4 Para 2). the 6k you earned last year wouldn't make threshold to actually pay anything out you see. So they have the right in regulations, to go back further. Thats where you apply your mandatory reconsideration, if your present gross taxable income, drops below the 25% threshold of that which the HMRC are stating your GTI is in a certain year. They even have rights to estimate your income if no historic records exist (Regulation 42)

If you have a case on you from your ex then you dont need to pay your £20. If you are setting up a case then you wouldnt be talking about how much you have to pay. 

Point of fact just so other members know, your case year, starts when the CMS say it does. This is usually around 6-8 weeks after your Ex's start their claim, pay their £20 and the CMS have done all their checks and investigations. That bit is in regulations 11 and 12 of the Child maintenance calculations regulations. It basically says, the CMS must do all their checks, once that's completed then they tell you your case start date, how much they estimate etc etc, and this becomes your "initial effective date" 

http://www.legislation.gov.uk/uksi/2012/...tents/made Check regulation 11 and 12

In my case, what started in May 2017, the case year started on the day I paid the £20. I know there is different sections depending on if the paying person is on Benefits, Self Employed or Employed, so it might be that as I had said she is on benefits, it was allocated to that section that day, where as if the status is not known, there might be a delay in allocation.
Sorry I should have made it clearer.

If members were to read the regulations there, it refers specifically to Non resident parents. The case year for NRP's starts once the CMS have completed their investigations and checks, and the NRP has responded.
I was not referring to the resident parent, as I am not in that position and the regulations dont refer to the effective date for case year at all with regards to the resident parent, only the non resident

It might be that in my case, as I provided them with her NI Number, and that CMS can access the DWP Benefit System, that on the day I opened the case, they could see she was on Benefit, so that was put in as a start date.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#13
The benefits system would be the key here in my thinking.
With normal run of the mill NRP, in work earning a wage as such, they would need to back track to HMRC, and conclude checks that the RP was in fact in receipt of CB etc.
This case I would assume that all agencies would cross refer and thus make the process easier. I don't know for sure about case start times in this situation, we can only surmise I guess.
Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional.
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#14
(10-20-2017, 09:29 AM)Drew65 Wrote: The benefits system would  be the key here in my thinking.
With normal run of the mill NRP, in work earning a wage as such, they would need to back track to HMRC, and conclude checks that the RP was in fact in receipt of CB etc.
This case I would assume that all agencies would cross refer and thus make the process easier. I don't know for sure about case start times in this situation, we can only surmise I guess.

The other thing is if they can access HMRC themself, or if they have to request information from them, as from April 2017, all employers now have to report in real time, pay and NI/Tax Deducted to HMRC. I know from my own Personal Tax Account that the day after pay day, my year to date earnings have been updated.

I think this real time reporting was due to Universal Credit, as there is a lot of people whos wage is never the same every time. In my case, I do job and finish, and as I am not on Universal Credit, I claim Tax Credits (where I have to give them an estimate) and Housing Benefit, where they wanted to see the first 3 x 2 week wage slips, and then said i only have to contact them again if my average changes significantly. On Universal Credit, it would look at what has been paid that month, and then do a calculation every month.

In my case, I was getting CB what was looked up while i was on the phone to them, making the claim.
If residence had recently changed, and Child Benefit was not in payment, perhaps sitting in the Rival Claim Unit waiting for evidence, that would also delay things, resulting in a later case year start date.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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