CHILD SUPPORT ADVICE

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ABOUT THE CSA

COMMENTS ON THE NEW REFORM

CSA-GET IT RIGHT

CHILD SUPPORT AGENCY - the changes

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'As announced on the 27/10/08 and the 03/11/08 it is now a criminal offence to move home and not inform the agency within seven days. (It is also envisaged that at some time in the future it will also be a criminal offence to change job or occupation without notifying the agency within seven days.')
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What is new, Changes to the Child Support Agency and a new direction for the Tribunals Service

From today the 27th of October 2008 No one will be compelled to go to the Child Support agency.

If they can reach a private agreement then no matter, they do not need the Child Support Agency.

However if they cannot reach an agreement then the services of the Agency remain in place for their use.

Further C-MEC will not be fully rolled out until 2013. Then non-resident parents will face a new way of calculating their income along with a new percentage deduction rate.

This will be at 10%, 15% and 20 % of gross income for: - one, two, and three or more children.

Collection and Enforcement regulations under C-MEC have also been rolled out. This means more stringent and focused collection of Arrears both current and historical.

This means that the Agency can collect arrears even when the qualifying children are no longer qualifying and could even be working or married with their own children!

Also the Agency will now be able to track down non-resident parent bank accounts, freeze them as well as any other assets that the Agency can find. This is in addition to liability orders, charging orders with and incorporating a power of sale of the property charged.

We will still have driving licences confiscated for up to two years and custodial sentences for up to 42 days. Passports will also be fair game to be confiscated for failure to pay.

The Tribunals Service

Tribunal Chairmen are now able to encourage parents at a hearing to enter into an agreement, which is in accordance with the above.

Comment

Do I see this working, well no? In part, a very small part yes. The majority of cases will still use the Agency this is in part down to human nature.

The formula is also unfair. The Agency In Australia upon which this formula seems to be largely based has a much fairer non-resident parent and resident-parent formula interaction which helps remove perceived injustices between both parties.

In Australia the Agency even acts as a private agreement collection service.

I perceive a lack of Joined Up Thinking once more by the powers that be.

The Government is trying to sort out the appalling mess which is known as the Child Support Agency.

Janet Hopkins-Senior Family Solicitor of Lawson West, is concerned about the enforcement measures announced in the press, in the light of the CSA records of inaccuracy of their calculations.

It is clearly the case that many absent parents of both genders, fail to pay their child support. But before the government enforces severe enforcement powers such as removing passports and driving licences from what they see as offenders, it is absolutely vital that the CSA get their sums right.

A significant part of the work of the CSA is taken up in re-doing their assessments of Child Support liability. I have acted for numerous individuals who have come to me with calculations that are simply wrong. It has become standard practice to appeal against the sums assessed because there is a good chance that it will be wrong. It takes up much of the CSA's time and has contributed hugely to the failure of the CSA in my opinion.

Imagine the devastation to an individuals life to have their passport and driving licence removed. A man may have to drive to sustain his employment. If his licence is removed he may loose his job. Bang goes the child support. If the assessment is also wrong, who is going to sort that out?

If an absent mother or father is supporting a second family or step family, what hardship will those children suffer whilst the CSA redo their sums?
Of course parents should continue to support their children, but the essential key to making this happen is to ensure that the calculations are correct. It may be the case that this can only be achieved by making links with the Inland Revenue so that a persons real income is known. At the moment the CSA seems to make assertions from one side or another, that leads to incorrect assessments.
And if there are any draconian enforcement measures like removing driving licences or passports, there must be right of appeal.

The CSA successor organisation has its work cut out to build any degree of trust in the public mind. The experience of the agency is going to be a very difficult hurdle to get over, and we need to reach a point where we can believe that we can rely on the organisation to get its calculations right and deal with all parties fairly - including the absent parent.

JANET HOPKINS - LAWSON WEST