Child Maintenance Payments and TA Earnings

Discussion in 'Finance, Property, Law' started by happysapper, May 28, 2011.

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  1. Hi

    I'm after some advice concerning child maintenance payments and hope someone can help.

    I'm in the TA, and have a civvy job as well. From my civvy wages i give my (soon to be) ex-wife 25% of my net income. As the divorce is going through at the moment, she has been doing some digging and raised the possibility of having 25% of my TA earnings as well.

    From conversations over a pint with others in a similiar position, and from what i can find on here and the wider internet, TA earnings aren't assessed for child maintenance purposes. The difficulty i'm having is finding out where that is written down in black and white.

    A post on the ArmyNET forum said:

    "The Territorial army is classed as a 'Special Occupation and child support regulations state any payment made in the respect of duties as a member of any territorial or reserve force is not to be treated as earnings."

    This has since been reproduced in the TAQ magazine, so would be easy to assume that this indeed true.

    If anyone has experience of the same situation, or knows what the correct legal position is, it would be great to get their advice.


  2. I can't see why it wouldn't be included as CSA is based on all of your taxable income. I'm assuming you've got 3 (or more) kids who you don't see for more than 52 nights a year - if not you are being incorrectly assessed
  3. Because you are not paid a regular salary by the TA, then this pay is not assessed. You may earn £500+ in a busy TA month, and then nothing for the next three.

    Speak to the CSA, and be completely honest about your TA service. They will then tell your soon to be ex-wife that she is entitled to 0% of this money.
  4. I was in the same boat when I was in the TA and thats what the CSA told me (10 years ago mind).
  5. So basically the CSA can't be arrse'd to work out the maintenance on an ad hoc basis. If the OP earns £500 in a busy month then he should be paying £125 towards his kids, in a month when he earns nothing then he get's to pay nothing.
  6. Up until last month, i was doing exacty that - handing over 25% of my TA pay as well. However I have had to change civvy jobs, which came with a £10k paycut. Besides the maintenance payments, I still have all of my other commitments and outgoings to pay for. My kids don't go without, and i would never put them in that situation - i just want to know what the definitive legal position is.


  7. Just a quick one I have worked for the csa and also work on cases where people have been in the ta. They will not take money out of your pay because it is classed as voluntary work. If you have taken a pay cut get in touch and inform them so they can change you maintenance payments to the correct amount ASAP. I have also I am envolved with the csa and have been a member of the ta and I have never payed any money from the ta towards my maintenance
  8. Happysapper,

    Yes you are correct, you do not have your TA pay assessed by the Gestapo as it is not a regular income as it's an adhoc payment and the TA is classed as a specialist occupation, if the muppet on the phone does not understand this simple statement then ask to speak to the Forces Liasion and they will get it sorted. It is buried deep in the CSA regulations as you cannot find it on their website and do not like to admit it unless they are pushed in to it.

  9. the CSA are a fcuking useless waste of rations - my ex earns upwards of £5k per month after tax (which he fiddles anyway) and he has never paid more than £2.50 a week, well, until he stopped altogether.
    Unfortunately it would also appear that the paying parent can sometimes gets royally shafted - so cover your back as much as possible by letting them know the situation. Good Luck