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Child Maintenance Payments & TA Earnings

#1
Hi

I originally posted this in the legal forum, but in hindsight I'm more likely to find the answer to my question in here:

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.

Thanks

HS
Thanks in advance

HS
 
#2
Yes you are correct, it's stated in the CSA regulations, but trying to get them to admit it is the hard part!! I had to get the CSA to get their leal team to look in to the regulations!!!

STILTS
 
#3
When it happened to me I actually managed to find it written online in thier rules on thier website.

I think it was also written in some of the crap they send out to you hidden in the small print in an obscure booklet thingy.

But it is true, they cant touch your TA pay unless it is your full time job.
 
#4
Guys, thanks for the encouraging replies. I've just phoned the CSA, and they have said that as a second job, the earnings are taken into account. Admittedly, this was after she spoke offline (very quickly) to her supervisor; so not via their legal team.

May I ask if either of your experiences were recent? I t could be that legislation has changed i suppose.

I couldn't find anything on their website; their leaflets that can be downloaded don't make any reference to the current legislation so it's not as if i can even check that!

Cheers

HS
 
#5
Surely second jobs required contracts of employment and set hours? As TA hours are not guaranteed then neither is the money. Surely you cannot include a non-guaranteed income?

TBM
 
#6
Surely second jobs required contracts of employment and set hours? As TA hours are not guaranteed then neither is the money. Surely you cannot include a non-guaranteed income?

TBM
to happysapper, this why the CSA do not take into account TA pay as its noy a guarranteed income phone the muppets at the CSA and get legal team to confirm.

STILTS
 
#8
happysapper I went through a final divorce hearing earlier this year. Whilst the CSA may not take into account TA earnings, the courts assess all income when it comes to the financial settlement so any earnings from the TA will from part of any future maintenance settlement so it will be 25% percent of total income assuming you have 3 kids.
 
#9
Although it may be of little help, a mate of mine was in a similar situation but, his solicitor got his TA pay out of the CSA calculations so he kept all of his pay HOWEVER, he lost out on his bounty to the tune of 25% but he said (as a regular attender on drill nights and weekends) that it was worth it to lose the 25% of his bounty and keep the rest of his pay
 

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