we have been in our iva for 1 year and my sons real** dad has started paying through the csa we have not had a penny off him for 11 years,would it be ok to open a bank account for my son and have the csa money payed into there for his future?
Your are ultimately going to have to run this past your IP.
I assume that you have already budgeted for childcare etc. within your existing IVA payment. It is possible therefore that any extra maintenance income will be classed as 'income' plain and simple, and subject to the 10% 50/50% rule (as per your IVA contract) accordingly.
Would be interesting to see an expert opinion on this point.
Good luck.
My opinions are just that: Based on my experience and being a self-employed IVA customer.
Interesting point about CSA. I was 14 months into my IVA and was contacted by the CSA, my son was 16 and I was forced to pay £152 a month for 15 months (till he hit 18). I was with DFD and they allowed me to drop from £290 a month to £138 a month for the 15 months. However they capped the arrears onto the end of my IVA and extended by around 11 months to pay the arrears. When your on an IVA you basically have to pay the dividend you agreed, or more if you get it. It works in their favour but they have to play hardline with everyone as its a business at the end of the day and we borrowed money off them. Good luck..P.s I had to pay £600 arrears too, to the CSA and it was a month before Christmas, they took it in one go and was not there to negotiate. Even with the 10/50/10 rule your at least better off. Not easy on the recieving end believe me.
Radish - surely you knew that your son needed paying for though? And that the CSA rate is the minimum you need to provide? Just a bit confused about why you didn't budget for it in the first place.
I split with the kids mum when my son was 15, I paid up an agreed amount and left the house and belongings. I had no idea you had to pay till the child is 18. Instead of contacting me, my sons Mum went to the csa, albeit through her friend probalby goading her. I had not problem paying. I just went on an IVA and found life a bit tougher to do the things I wanted. Took me a long time to adapt to the IVA, but will make one interesting story when I complete it. All in all Im prone to mistakes, very much human in that way lol.
Is he only paying because the CSA are making him pay? Would he be willing to pay the same or maybe a lesser amount (as an incentive) outside of the CSA?
If he was willing to pay the money into a bank account that was opened and run by a family member in your child’s name with you having no control over the account, then that would not be income to you. The money could be saved for the next 4 years of your IVA and perhaps the family member could transfer the money to your son when he was 16?
The alternative is that your ex will feel aggrieved that he is having to pay this money to “YOU”, you will feel fed up as you will not benefit as this additional income will be swallowed up by the IVA.
Just an idea but one worth looking at.
7 years after starting an IVA I finally received a completion certificate from ClearDebt
That is a very good point, its a shame on the child that the money that is meant for him, is going to an IVA and banks. And to a lesser sympathetic degree the ex who never paid thinks he is paying it for his son, not to a bank. Heretoday's idea is definatly better all round I think.
Ah! Didn't know you could opt out -- never had any contact with CSA ( nor wish to).
In that case, assuming dad can be trusted to make the payments, I would have thought it far better to get the money paid into an account in the child's name, for the child's benefit.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
I asked him years ago to have the money payed into my sons account but he didn't want to know,always moving house and jobs so he didn't have to pay that's why I have to go through the csa I really don't want to stop the csa as he owes a lot if back pay too
