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Children & the CSA

Getting maintenance for children before filing for divorce
Before filing for divorce, you can apply to the Child Support Agency (see below) or come to an agreement voluntarily. Any voluntary agreement could be informal between yourselves or it could be set out in a formal separation agreement. Your solicitor could advise what is best for you in your particular circumstances.

Getting maintenance after filing for divorce
Once divorce proceedings have been filed, there are different ways of receiving maintenance for them depending on your circumstances. When you are already applying to court for other orders, any agreement reached between yourselves could be made into a court order. Alternatively, you could also ask the court to decide about maintenance for them and it would consider how much the CSA would calculate when coming to its decision. But when you are receiving certain benefits, Income Support for example, the Child Support Agency (CSA) will, in most cases where it has jurisdiction, decide on the amount to be paid by the non resident parent.

When you can use the courts
You can use the courts when the CSA does not have control of your case, for example when the absent parent is living abroad and does not work for a British company. This is also the case when you need to apply for maintenance from a stepparent. The courts can also be used when you need to apply for maintenance to cover school fees, or for extra support for a disabled child or when the CSA maximum payment ceiling has been reached and you apply for a top-up amount.

International
Even when a parent moves abroad, there are ways of enforcing a maintenance order made here but you would need a solicitor's assistance to interpret the rules of the Hague Convention. Reciprocal Enforcement of Maintenance Orders - or REMO - is the process by which maintenance orders made by UK courts on behalf of UK residents can be registered and enforced by courts or other authorities in other countries against people resident there.
There is also an agreement between the CSA here and the Australian CSA for reciprocal enforcement and collection. So, if a parent emigrates and does not work for a British firm in Australia, he or she will still have to pay the CSA amounts stipulated(according to circumstances) and the Australian CSA would collect on behalf of the CSA here. Please do contact office@divorceaid.co.uk if you are in this situation or need to be referred to an international specialist.

The Child Support Agency
'Our business is to assess, collect and pay child support maintenance, ensuring that parents who live apart meet their financial responsibilities to their children. We are an executive agency of the Department for Work and Pensions and are responsible for running the child support system.' From the CSA website.

Government plans
The Government has recently published its plans for the CSA in a White Paper. Until these proposals become law, the CSA will continue.

Why should I use the CSA?
The Child Support Agency provides a calculation service and a collection service. It collects child maintenance if the person with care is on Income Support or income-based Jobseeker's Allowance or if either parent asks it to. If non-resident parents get behind with payments, the Child Support Agency will try to make sure that they pay all the child maintenance they owe.

The new CSA formula
The CSA has a new formula for calculating child maintenance for new cases from 3rd March 2003. If we were all able to agree to support our children, we would not need this agency to try to sort this out for us. Don't be put off applying to them if you are unable to agree maintenance for your children as the date you apply is important as payments will be assessed from then. Details of the old and new system are available on their website.
We provide some information on the new system below.

Who is eligible to apply?
The CSA has jurisdiction over your case if ALL of the following apply to you:

1. The child is the child, either by birth or adoption, of both parents. (This means that step-children cannot claim maintenance from step-parents under the CSA).
2. The parent with care, the non-resident parent and the child all normally live in the UK. (This includes people working abroad for British employers).
3. The non-resident parent is not living in the same household as the child.
4. The child is under 16 or over 16 and still in full-time secondary education
5. There is no existing maintenance order for the child unless the parent with care starts to receive a state benefit. (Unless the order was made after 3 March 2003 and 12 months have elapsed. Please check with the CSA for full details as in these cases you may be able to apply to the CSA for a maintenance assessment.

Will the new formula be simpler?
Although this new formula should make calculations simpler, it can still be quite confusing. We are therefore trying to explain the new system in general terms and provide further information and links in our Who can help section to enable you to calculate a ballpark figure according to your individual circumstances. This would be for general illustration purposes only. It is best to get in touch direct with the CSA for a proper calculation. This can be done online, downloaded online and forwarded by post, via email, phone or in writing. Again, please refer to our Who can help section.

I don't understand some of the terms the CSA uses
We have provided a glossary of terms used by the CSA at the end of this article.

Who can apply?
Either parent may apply to the CSA for an assessment but it is usually the parent with care. Others with parental responsibility may also apply in certain circumstances. You can apply as soon as you separate and you do not have to wait until divorce proceedings have begun.
In Child Support law, the parent who has caring responsibility for the child for the most number of nights is called the parent with care. The other parent is referred to as the non-resident parent.

Where can I apply?
Either parent or person with care can apply. Forms are available for the parent with care and the non-resident parent.
The Child Support Agency will usually only work out and collect child maintenance if someone applies for it.
If you want to apply for child maintenance, the CSA says you can choose one of the following options which are available on their website.

• Send us your contact details today and we will call you back and complete the form for you over the phone.
• Apply online
• Download an application for child maintenance form here.
• Contact your local centre

Request a form by phone
You can also request an application form by contacting the National Helpline or ask on the phone for a maintenance calculation to be made.
Telephone: 08457 133 133
Minicom: 08457 138 924

Postal address: PO Box 55, Brierley Hill, West Midlands DY5 1YL
Opening hours: Monday to Friday 0800 to 2000 and Saturday 0830 to 1700
From abroad: If you are phoning from abroad, it is not possible to use the 08457 number.
Please use 0044151 2431901.

Can I email the CSA?
Yes but this is for general enquiries only and replies may take up to ten working days but we found that it usually takes 2-3 days. Replies were very helpful and attached other leaflets for further information.
E-mail: national-helpline@dwp.gsi.gov.uk

Emailing once you have made an application
Once your case is open, you should then contact the office dealing with it. If you do not know the office, then contact the National Helpline for assistance on 08457 133 133 or for enquiries about a case already running the clients should follow this route:

• Enter the new rules/old rules section
• Click on 'contact us'
• Click on 'I have a query regarding my case'
• There is then a list of all the maintenance offices, the client should click on the appropriate one e.g. Birkenhead.

How is the calculation worked out?
Maintenance is 15% for one child, 20% for two children and and 25% for three and under the new rules, the calculation starts with the non-resident parent's weekly net income and personal circumstances. From this net income amount, pension contributions can be deducted but not housing costs. There can also be a deduction for any new children or step-children in the new household. These are referred to as relevant children. Maintenance is 15% for one child, 20% for two children and and 25% for three. The net income figure would be reduced by 15% for one child, 20% for two children and 25% for three children. The calculation will not take account of the income of the parent with care, the income of either parent's current partner, housing costs or travel to work costs.

Read more about how maintenance is calculated
You can read more about this on the CSA website.

Where can I get a rough guide to the maintenance calculation?
You will be able to estimate the maintenance payable by clicking on the link to a calculator at Secure Online.

What if the child stays with the non-resident parent sometimes?
If the child stays with the non-resident parent at least 52 nights a year, there will be an allowance made for this.

Are there any earning limits?
The non-resident parent earning £200 per week or more would then have to pay 15% of this net income figure for one child, 20% for two children and 25% for three children. Those with income of less than £200 per week would pay a reduced rate. Those earning £100 per week or less, would pay a reduced rate and those on specific benefits, including Jobseeker's Allowance and Income Support, would pay a flat rate of £5 per week.

What counts as net income?
Any normal earnings, less tax, National Insurance and contributions to an Inland Revenue approved occupational or personal pension scheme. Working Families Tax Credit or Disabled Tax Credit is also taken into account when the non-resident parent is the main earner in the tax credit application. Other income, for example, from savings, maintenance or renting out property is ignored. But if you think that the non-resident parent could afford more maintenance, you can ask for a a variation. See details below.

Is there a maximum amount of maintenance?
When child maintenance is calculated, the CSA does not take into account net income above £2000 per week. This means that the maximum amount payable would be from £225 up to £500 according to circumstances.

What are Variations?
These used to be called departures under the old system. A variation can be applied for at any time, either with your application, before the calculation or later. Variations mean that the CSA can adjust the calculation in order to deal with special circumstances. Leaflet CSL108 Child support variations is available from your local Jobcentre plus (benefits) office or by phoning the National Helpline on 08457 133 133.

These may include special expenses when you are the non-resident parent:

• you have high costs related to seeing the child or children for whom maintenance is due (for example, travel costs)
• you have extra costs because a child who is living with you has a long-term illness or a disability
• you are still repaying a debt which you took on before you were separated from the parent with care, and that debt was for the benefit of the family or a member of the family
• you pay boarding school fees for the child or children for whom maintenance is due
• you make payments for a mortgage, loan or insurance policy on the home which you and your former partner used to share and you no longer own any part of it and your former partner and children still live there.

There are also additional cases when you are the parent with care:

• the non-resident parent has assets worth more than £65,000 (excluding their home and any assets which are used in the course of their business)
• the non-resident parent is (or will be) paying child support of £5 a week (because they receive certain benefits) or they do not have to pay anything and they have another source of income of £100 or more a week
• the non-resident parent diverts income to another person or business in order to reduce their maintenance
• the non-resident parent enjoys a lifestyle which, in most cases, could only be done by someone whose income is much higher than the income on which the child maintenance calculation is based

As in all cases of maintenance, maintenance can go up or down depending on the changed circumstances of all concerned.

What happens after I submit my application?
A New Client Team caseworker will progress your case from receipt of application, contact the other parent and obtain documentation in order to calculate the maintenance. This caseworker will also be responsible for ensuring that the first payment is received and will use any legislation available to enforce compliance. A collection service is available for some cases.

After the first payment, a Maintain Compliance team takes over. They deal with any changes in circumstances and assessments. The Maintain Compliance caseworker will react to those who do not maintain a collections schedule and will, if necessary, take appropriate action.

Enforcement Teams then prepare and submit cases to courts following non-compliance by clients. They utilise various legal powers to obtain Child Support Maintenance and or arrears while liaising with clients and keeping them up to date with progress.

Warning about penalties
Be warned about trying to delay a maintenance decision by not providing the information requested. The CSA has the power to levy a provisional maintenance amount and this may be much more than a proper calculation. If you provide false information, there is a team responsible for investigating this which could lead to prosecution. After being assessed, the CSA has wide powers to enforce payment, starting off with a possible 25% of the weekly amount to be paid as a penalty if you are late with a payment or do not pay. If you have difficulty in paying, the best advice is to contact the CSA and give your reasons. If you provide this information by phone, always send a written confirmation and keep copies of all correspondence.

If you still refuse to pay, a Deduction from Earnings Order can be made if you have an employer. If you are self-employed, a variety of court orders could be made against you. For self-employed and employed people, the courts have a wide range of orders it can enforce ranging from the seizure and sale of your goods, committal to prison or the withdrawal of your driving licence for up to two years. Any court action could also result in you paying costs in addition to the arrears. Any time spent in prison does not mean that the debt does not have to be paid.

Cases prior to the new system
Any new applications dated 3 March 2003 or later, will now be dealt with under the new system. Those before this date will continue under the old system but, in due course, when the new system is operating efficiently, old cases will be modified under the new one. This could take some time and there is no need to panic if you think that you may be worse off in the future. The CSA will write to you giving you some warning and if there is quite a difference to the maintenance amount, this would be phased in gradually. Details can be found on the CSA website which is split into two sections: click on the left of the screen for the old formula and click on the right for the new system.

Useful leaflets
The CSA has produced a wide range of leaflets which can be downloaded from their site or in other ways as detailed below. We include some of the titles with a brief description here:

• CSL100 Your child maintenance interview. For parents with care who have made a claim for either Income Support or Income-based Jobseeker's Allowance
• CSL 101 For parents who live apart This leaflet is intended to help explain the main points of the child support scheme. It is aimed at people interested in the scheme and their advisers
• CSL 102 A guide to how child maintenance is worked out This leaflet is a general guide to changes to the child maintenance scheme.
• CSL103 Child Support Reform: What it may mean for you The key features of the new scheme, questions and answers and examples of the new rates.
• CSL 104 Understanding your maintenance calculation This leaflet will be sent out with your maintenance calculation and explains how it has been worked out, about making payments and what to do if you think the CSA decision is wrong.
• CSL 105 A guide to changing and appealing against child support decisions This leaflet is intended for members of the public and professional and voluntary advisers who want to know more about changing and appealing decisions on child maintenance.
• CSL 106 How to Appeal This leaflet tells you what you can do if you do not agree with a child support decision that has been made.
• CSL 108 Child support variations: Help for exceptional circumstances Sometimes child maintenance can take into account exceptional circumstances that are outside the basic rules. This is called a variation. This leaflet is a general guide to variations.
• CSL 112 Collection of child support maintenance This leaflet gives you details about how your child maintenance will be collected.
• CSL 113 Enforcement of child support maintenance This leaflet gives you details about the enforcement action the CSA may take if you fail to pay your child maintenance.
• CSL 114 Paying child support maintenance direct from your earnings This leaflet explains what a deduction from earnings order is when one has been issued either because it was requested by you or because other methods of collecting maintenance have failed.
• CSL 116 Notes for non-resident parents who are self employed This leaflet has been written for non-resident parents who are self- employed. It tells them what information they have to provide to the Child Support Agency and how child maintenance is calculated.

Obtain leaflets from Jobcentre Plus
Most leaflets are also available in small numbers from any Jobcentre Plus office.
If you cannot get any item locally or if you need more than five copies, you can order them by writing directly to the CSA, telling them which leaflets you want. You can also fax them:

Child Support Literature Line
Room BP6201
Benton Park View
Longbenton
Newcastle upon Tyne
NE98 1YX
Fax number
0191 225 9917

You can also use their request email form.

CSA GLOSSARY
Here are some of the words and phrases that the CSA uses most frequently and what they mean.

A

• Alleged non-resident parent - this is someone who is named on a maintenance application form as the non-resident parent, but who says that he is not the father of the child or children for whom maintenance is claimed.
• Appeal - this is the term applied to the process of appealing to an independent tribunal if one is not happy with a decision received from the Child Support Agency.
• Application for Child Maintenance - An application for a child maintenance calculation can be completed by: The person with care, the non-resident parent; or a qualifying child of 12 or over who lives in Scotland. This process will be mainly completed by telephone without the need to fill in forms.
• Assessment Unit - this is the name given to a group of people to whom the assessment relates. It normally includes the Parent/Person With Care, the Non-resident Parent and the Qualifying Child(ren).
• Automated Credit Transfer (ACT) - the payment of funds direct from one bank account to another using the bank's computer system.

C

• Calculation - this is when we work out how much child maintenance must be paid. It is also called a child maintenance calculation and a maintenance calculation.
• Case Check - this is a review of the child support case conducted from time to time. It will take into account all changes in the circumstances of all parties involved.
• Child Maintenance Premium - The child maintenance premium allows a person with care who is on Income Support or income-based Jobseeker's Allowance to keep up to £10 per week of any maintenance paid. If maintenance payments are less than £10 a week, a person with care keeps all of the maintenance paid.
• Child Support Agency - part of the Department for Work and Pensions, responsible for the calculation, collection and payment of child support maintenance under the Child Support Acts of 1991.
• Child Support Agency Centre - main regional processing site where maintenance calculations are made.
• Child Support Maintenance - The correct term for maintenance awarded under the Child Support Act 1991, this is often called 'Child Maintenance'.
• Child Maintenance Enquiry - this is completed by the non resident parent and can usually be dealt with mainly by telephone.
• Child Support Officer - Child Support Officers are the people who decide whether child maintenance must be paid, and if so how much must be paid.
• Child Support Reform - The new Child Support scheme which came into effect for new cases on 3 March 2003. Existing cases will transfer to the new scheme when the Government is sure the arrangements for new cases are working well. The CSA will write to you to explain when your child support maintenance will change and what this means for you. Until then your present child support maintenance will stay the same.
• Client - Our clients are parents with care, persons with care and non-resident parents.
• Client Help Line - telephone enquiry lines for queries about your case.

D

• Deduction from Earnings Order - If an employed person fails to pay their maintenance the Child Support Agency can order their employer to make deductions direct from their pay. For customers in the UK Armed Forces this is known as a 'Deduction from Earnings Request'.
• Default Maintenance Decision - this is a decision made when the information needed to work out maintenance cannot be obtained straightaway.
• DNA(Deoxyribonucleic Acid) testing - this is a test of the genetic characteristics of the parties involved and it is used to establish parentage of child(ren) in cases where there may be some doubt.
• Department for Work and Pensions - The Government Department responsible for the administration of the UK Social Security policies/legislation. The Department is broken down into a number of parts with their own fields of responsibility.

E

• Effective Date - date from which the non-resident parent's initial or revised payment is due.

F

• Face to Face - this is the name given to the network of Child Support Agency staff based in local offices around the country who are available to conduct interviews personally on a face to face basis.
• Field Office - Local Child Support Agency offices based around the country - see also Local Service Bases.

I

• Independent Case Examiner - The Independent Case Examiner provides impartial investigation into complaints about the way that the Child Support Agency has handled a customer's case.
• Initial Payment Period - this is the period between the Effective Date of the Assessment and the date that the first maintenance payment becomes due.

J

• Jobcentre Plus - part of the Department for Work and Pensions, responsible for the payment and administration of UK State Benefits.

L

• Local Service Bases - Local Child Support Agency offices around the country where the Face to Face service is administered.

M

• Maintenance Calculation - this is when the CSA work out how much child maintenance must be paid, it is also referred to as a 'child maintenance calculation'.

N

• National Helpline - telephone enquiry line for general queries about child support. National Insurance Number - this is a reference number issued by the UK Department for Work and Pensions to people in order to conduct the business of the Department and also the UK Tax Office. It is unique to the individual to whom it has been assigned.
• Non-resident parent - this is a parent who lives in a separate household from the parent with care and qualifying child(ren) for whom they are liable to pay maintenance under the Child Support Act. Where parents have shared care, the parent who has the children for the shorter period is regarded as the non-resident parent.

P

• Parent with care - means a parent (natural or adoptive) who lives in the same household as the child (ren) for whom maintenance is sought.
• Parliamentary Commissioner for Administration - An ombudsman who investigates complaints (which must refer on behalf of individuals by MPs) about injustice caused by maladministration by government departments.
• Partner - The term 'partner' is used to mean someone the parent with care or non resident parent is either married to, or lives with as if they are married to them.
• Person with care - somebody other than a parent who has day-to-day care of the child (ren) for whom maintenance is sought.

Q

• Qualifying Child - this is a child for whom Child Support Maintenance is payable under the Child Support Act.

R

• Reciprocal Enforcement of Maintenance Orders - or REMO - is the process by which maintenance orders made by UK courts on behalf of UK residents can be registered and enforced by courts or other authorities in other countries against people resident there.
• Relevant other child (ren) - children who live with the non-resident parent and for whom the non-resident parent or their partner receives child benefit.

S

• Satellite Processing Centre - this is effectively a mini Child Support Agency Centre in one of the field offices and it processes case work similar to the teams at the Child Support Agency Centre.
• Shared Care - If care of the qualifying children is split between the parents and the non-resident parent has care of them for 52 nights or more per year, then they are said to have 'shared care'. This can have an effect on the amount of child maintenance that has to be paid.
• Supersession - this is a review of the child support case intended to take into account a particular change/changes in somebody's circumstances.

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