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CSA and lump sums

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hattiedaw
Posted by
Elite Member

18 Jun 12 #337326 by hattiedaw

Topic started by hattiedaw

Can I ask a question?
What is it about the CSA and lump sums?
I know somebody who''s ex owes a few thousand pounds.
The ex has come into a lot of money via an inheritance but the CSA said that as it''s a lump sum it cant be classed as income therefore they cannot do an assessment on it.
We understand that bit but surely if they''ve come into a lot of money they should be made to pay off arrears.
My friend lives on the breadline and £2000 would ease up her life a great deal whereas £2000 taken from the inheritance her ex has had makes it look like loose change!
These arrears have been in place for 4 years, the CSA will not chase them as he is currently only paying £5 a week.
The fella is asset rich and the CSA were asked "why cant he be made to sell a car / another expensive but not neccassary asset but the CSA dont want to know.
It just seems so unfair.

maisymoos
Platinum Member

18 Jun 12 #337329 by maisymoos

Reply from maisymoos

Hi

Is the inheritance more than £65k? your friend could apply for a variation if it is?, although if its been used to pay off a mortgage in the home that her ex lives in this would not then be possible.

It may be worth putting in an online complaint to the CSA in relation to the arrears and inheritance and see what their response is.

Fiona
Platinum Member

18 Jun 12 #337334 by Fiona

Reply from Fiona

maisymoos is spot on. The CSA does a basic assessment based on income and the parent with care needs to apply for a variation if they believe the non resident parents has assets other than their home valued over £65k. There is then a calculation based on the potential income from the asset.

hattiedaw
Posted by
Elite Member

19 Jun 12 #337528 by hattiedaw

Reply from hattiedaw

We dont know how much the inheritance is.
The information came about when ex was confronted about living like a king yet claiming benefits and paying just £5 a week maintenance.
Can we find out or is this just another loophole?
Thanks in advance.

Child Maintenance Options
Moderator

02 Jul 12 #340521 by Child Maintenance Options

Reply from Child Maintenance Options

Hi

Thanks for the post. If your friends’ ex-partner has assets of more than £65,000 she could apply for a "variation" to the maintenance calculation to have those assets taken into account. The more information she is able to provide about those assets, the more likely the variation is to be accepted.

You also mention that there are arrears outstanding on your friends’ case. If this is correct, I suggest she advises the CSA that her ex-partner has recently inherited a significant sum of money.

The CSA has numerous enforcement powers at its disposal which it may be able to use to collect some of that money from your friends’ ex-partner to force him to pay off the outstanding arrears.

I suggest she contacts the CSA and requests they use the powers available to them to collect what is owed. Again, the more information she is able to provide, the more likely it is that the enforcement action will be successful