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My husband has retired and the csa are reassessing his child

 
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  • Answered by:JGM
  • Solicitor
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Customer Question

My husband has retired and the csa are reassessing his child support. They want my income details - do I have to provide them with this information. Also can they arrest his pension at source (it is a local government pension)? I seriously need an answer now I have to phone them at 5:30 pm today!!!!

Submitted: 473 days and 22 hours ago.
Category: Scots Law
Value: £33
Status: CLOSED
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Expert:  John Knox replied 473 days and 18 hours ago.

Hello,

I will do my best to help you with this.

When you say they are reassessing your husband's child support, I assume you mean the support he pays to his ex.

You do not need to give details of your earnings to the CSA, they can only base the decision on his income. Yours is irrelevant.

As for taking money direct from his pension, I am afraid they can. They can actually and probably would take money direct from his bank accounts.

I would not advise you to provide your income details though, they are asking for more than they are entitled to...

Customer replied 473 days and 18 hours ago.

Thanks for that, can they deduct the full amount owing if the assessment has not been carried out yet?

I have also asked for proof of the children still being at school and paternity on the last child. Can the action deductions before this is done?

 

They have told me the arrears owing (due to them not having calculated the new figures since 1/9/2011 - will be deducted and if the assessment is less they will pay us back???

Accepted Answer

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Expert:  John Knox replied 473 days and 18 hours ago.

The reality is that they have wide-ranging powers so they can make deductions now and then repay anything over-deducted later, I am afraid. You have little control with the CSA because they have the ability to access your accounts etc. You can obviously argue strongly with them that the things you have requested should be actioned before any deductions are made. However, unless you are prepared to back up your strong words with potentially costly Court action, they are likely to take little notice.

Expert TypeSolicitor
Category: Scots Law
Pos. Feedback: 94.3 %
Accepts: 223
Answered: 1/27/2012

Experience: Solicitor and Advocate

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Customer replied 473 days and 17 hours ago.

If they access my joint bank account are they not breaching my confidentiality? They will also see my wage ?

Accepted Answer

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Expert:  John Knox replied 473 days and 17 hours ago.

Please note they cannot take money from the joint bank account! Absolutely not! Because of course, they do not know what monies in that account belong to your husband. They may well try but your bank will inform you and will not let them.

Expert TypeSolicitor
Category: Scots Law
Pos. Feedback: 94.3 %
Accepts: 223
Answered: 1/27/2012

Experience: Solicitor and Advocate

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Customer replied 470 days ago.

Under CSA1 can you explain 'B' IMA penalty if I do not declare my income.

Customer replied 469 days and 23 hours ago.

Under CSA 1 can you explain 'B' IMA penalty if I do not declare my income?

Customer replied 469 days and 21 hours ago.

Relist: Other.
Husband being re assessed by Child Support Agency. He is CSA1 - I will not disclose my income. Can you explain what a 'B' IMA penalty is please.

Customer replied 469 days and 21 hours ago.

Relist: Other.
Husband being re assessed by Child Support Agency. He is CSA1 - I will not disclose my income. Can you explain what a 'B' IMA penalty is please.

Customer replied 469 days and 21 hours ago.

Relist: Other.
Husband being re assessed by Child Support Agency. He is CSA1 - I will not disclose my income. Can you explain what a 'B' IMA penalty is please.

Customer replied 469 days and 21 hours ago.

Relist: Other.
Husband being re assessed by Child Support Agency. He is CSA1 - I will not disclose my income. Can you explain what a 'B' IMA penalty is please.

Customer replied 469 days and 21 hours ago.

Relist: Other.
Husband being re assessed by Child Support Agency. He is CSA1 - I will not disclose my income. Can you explain what a 'B' IMA penalty is please.

Accepted Answer

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Expert:  JGM replied 469 days and 20 hours ago.

Thank you for your question.

Category B interim maintenance assessment. Under CSA 1 they are entitled to ask you to disclose your income, not so that you contribute to child maintenance as your income is excluded from the calculation of net income. But they do take into account your income when working out other parts of the amount of child maintenance which has to be paid, such as protected income.

CSA can't impose the penalty unless the PWC has requested a variation on grounds that you can contribute to housing costs. They should only do the IMA category B which as I understand it your husband would not get the benefit of a discount on his assessable income.

CSA1 is quite complicated and less common but they should have provided you with literature explaining all of this. If not, ask them to do so but that is my basic understanding of the position.

I hope this helps. Please press ACCEPT so that I am credited for my time.

Expert TypeSolicitor
Category: Scots Law
Pos. Feedback: 98.9 %
Accepts: 4394
Answered: 1/31/2012

Experience: 27 years as a practising solicitor.

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