Looking for some advice re. false info & CSA

Hi all - my original post is here for background - www.wikivorce.com/divorce/Divorce-Advice...ssurance.html#393588

I''m currently just waiting for the Decree Nisi to be pronounced, and this should happen in a couple of weeks. The financial side of things is approaching and right now I have absolutely no idea how to handle that - but that''s another story for another day.

However, I''ve just hit one more big fat brick wall.

Yesterday, I had a letter from the child maintenance Service informing me that my stbxw has made a claim against me (on the CSA3 system). This was completely unexpected and without warning, especially more so given that we''ve been separated for approaching 4 years now.

The part that really worries me is that she''s told the CMS that the children live with her 100% of the time and that she''s claiming Child Benefit for both.

The actual reality is that childcare is split as near to 50:50 as possible and is still slightly in my favour. She also earns more than me, and we both claim Child Benefit for one child each.

I pointed all of this out to the CMS yesterday and they effectively told me that they would present this information to my stbxw and if she disagrees with what I say, then they''ll believe her and begin charging me according to the information she''s given them (which is false).

Basically, it appears that they''re saying that because she ''got in first'', so to speak, then she has the upper hand, and can tell them anything she likes.

I do have ''proof'' that the details she gave them aren''t true, in the form of tons of emails between us that discuss the current shared arrangements, amongst other things. She also submitted a signed letter for the court alongside the very recent divorce petition and statement of arrangements for children that confirms the 50:50 shared care.

I''m assuming/hoping that this is enough to demonstrate the current situation?

I then decided I had no choice but to call in to make my own claim, based on the truth (50:50 shared care and 1x Child Benefit claim each) and was told that I couldn''t claim on the CSA3 system, and that I would have to go through the CSA2 system instead as CSA2 still deals with one-child claims (they agreed I can only claim for one child due to me only claiming Child Benefit for one child - which is what they would have said to my stbxw if she''s told them the truth.)

So, the current situation is that she has a claim for both children (albeit using false information) on the CSA3 system, and I have a claim for ONE of the children (using the truth) on the CSA2 system.

Can anyone with any experience of dealing with the CSA shed any light on what will happen here? She''s created another huge financial mess - completely unnecessarily, and as far as I can see out of complete vindictiveness.

It''s causing me a lot of stress, especially as my current partner is pregnant and due early next year (which means a year for her on statutory maternity pay) and I just wouldn''t be able to afford to pay my stbxw a FULL quota of child maintenance, while also STILL doing the (albeit slight) majority of childcare.

It''s making me sick with worry.

In theory the fact that you are claiming child benefit for the one child will mean that she is liable to pay CSA to you for that child.

You will have to pay CSA to her for the other child but both cases will be based on number of nights they sleep over.

When the form comes just fill it in factually and send copies of all the evidence such as court order.

Do not have any telephone contact with CSA. They are rubbish, you will never get the same person twice they are poorly trained and when they mess up they will deny what was said. If you insist on all contact in writing it is much harder for them to dispute their errors or what they said when it is typed on headed note paper with the writers name at the bottom!

If you want some figures working out feel free to PM me

Just read the original post do you claim tax credits for the child you claim CB for?

Also have you considered putting in a CB claim for the other child?

WYSPECIAL wrote:

In theory the fact that you are claiming child benefit for the one child will mean that she is liable to pay CSA to you for that child.

You will have to pay CSA to her for the other child but both cases will be based on number of nights they sleep over.

Ok, that makes sense and I half-suspected this might be the case once everything unravels. It would be pretty pointless though, as we''ll end up paying EACH OTHER a fairly similar and probably fairly small amount.

That really doesn''t make a great deal of sense to me.

My main worry is what they told me on the phone yesterday - ie, the chances are that they''ll believe everything she tells them! However, surely they can check for themselves who receives the child benefit?

If I get an opportunity to send them evidence, then that''s all I''m really after, to be honest.

Thanks.

WYSPECIAL wrote:

Just read the original post do you claim tax credits for the child you claim CB for?

Also have you considered putting in a CB claim for the other child?

I don''t claim tax credits because my current partner''s income puts us above the threshold. A couple of months ago, my stbxw asked me if I would write to the tax credits office confirming the 50:50 shared care so she could claim tax credits for both.

She tried claiming for my child benefit at the same time, and that particular incident took a LOT of sorting out with the child benefit office, and explaining that we both claim for one child each. She then dropped her claim when I started pointing out the truth to the CB office.

I''d be perfectly happy if we could just carry on claiming as near to dammit 50:50 of everything, only she has an enormous sense of entitlement which means I''m always having to firefight spurious claims like this every so often.

Her last argument about the child benefit was that she''d just had a pay rise which mean her tax credits had been reduced slightly. Therefore she wanted to claim both child benefits so she''d get more tax credits again.

In simple terms... she gets a payrise, ALL of the benefit, and free reign to claim full CSA payments from me... while I continue to earn less than her, and do the majority of the childcare.

See what I mean?

Jeez.

Since one of the first questions on the CSA form is "who claims CB for this child" I can''t see you having a problem.

Looks like she earns more than you and also gets tax credits which are taken into account. You will also get an allowance for your new child.

Whatever she pays you will be more than you are liable to pay her!

Counter claim. Don''t tell her just get it done!

Oh don''t worry, I put a counter claim in yesterday as soon as I''d put the phone down dealing with hers!

To be honest, after thinking about it, I can actually see her being worse off, whichever way it works out.

If the CSA do side with her false info, then I''ll need to stop paying for school trips, uniforms, the lot, and she''ll need to cover it all herself - because I won''t actually be able to afford to contribute anything else.

If the CSA side with the facts and the truth, then as you say, we''ll both have a claim against each other and she''ll likely be paying a little more than me.

It''s yet another absolutely ridiculous situation that she''s caused, but I didn''t see that I had much of a choice except to put my own claim in.