CSA - Variations and Appealing
Variations - Sometimes the CSA can take into account exceptional circumstances that are not covered by the basic child maintenance rules. This is called a variation. Variations can lead to an increase or a reduction in the amount of child maintenance and might occur in the following cases:
- Special expenses to include:
- - contact costs;
- - costs arising from long-term illness or disability of the relevant child;
- - prior debts;
- - boarding school fees; and
- Pre-April 1993 property or capital transfers - a reduction in maintenance may be allowed if the non-resident parent transferred property or capital to the person with care before 5 April 1993 partly or wholly in lieu of child maintenance.
- Additional cases - a person with care can apply for an increase in child maintenance if the simple system of rates leads to an amount of maintenance which does not properly reflect the non-resident parent's true circumstances, for example:
- - Assets: the non-resident parent has a beneficial interest in assets worth more than £65,000 (net of any mortgage or charge). Assets owned by the non-resident parent or assets over which they have control, whether in the UK or overseas, may be taken into account.
- - Diversion of Income: non-resident parent has the ability to control the amount of income they receive; and they have deliberately reduced the level of their income by diverting it to someone else or into a business in order to reduce or avoid child maintenance
- - Lifestyle inconsistent with declared income: the non-resident parent has a lifestyle which is inconsistent with the level of income which has been (or, if the maintenance calculation has not yet been made, would be) used for the maintenance calculation.
Appeals - If a non-resident parent or a person with care does not agree with a decision made by the CSA, they can ask for it to be looked at again. When disputing a decision you need to say what you believe it wrong and give as much information as possible.
A decision can be appealed against straight away rather than disputed. Disputing a decision is quicker and does not affect the non-resident parent or person with care's right to appeal is they are still unhappy with the outcome. There is no guarantee that someone who disputes a decision will be better off if the decision is changed.
Appeals are considered by an independent tribunal. Appeals must be made within one calendar month of the date that the non-resident parent or person with care is told about the decision against which they are appealing. This time limit can be extended to a year if there are special circumstances for the appeal being late.
If these matters effect you please complete a contact form or call us directly on 01483 302 000 or email samantha.jago@www.rhw.co.uk
