Can ex-wife demand more than CSA pyt....

Krystaltips

If my name was on a mortgage wether I lived in the house or not I would make sure payments were made until that mortgage was passed to someone else... Otherwise how do you know they are not defaulting on payments and getting you into trouble?

Kungfukitty

convinced she could also get a share of my income

Hi

I am interested to know how you managed to stop the CSA from getting its hands on your income? I am in a similar situation.

My partner is a sole trader and is not making much money, despite being very good at his job, and hasn't done so for many years. When we got together my partner and his ex had an informal financial agreement in place . But after a silly falling out she withdrew access to the children (from 3-4 nights a week down to 1) and went to CSA.

The original assessment came out at £6.24 a week, (much less than the in-kind contribution we were making), but she applied for a departure from the rules order because I had refused to give my income details and she hopesd to get more money. The assessment came back at £20 a week, saying that I should contribute 80% to my partner's housing costs. I strongly objected and my partner put in an appeal.

Both my partner and I want to contribute to his kids upbringing, but we can't afford any more. I have two children, that I brought up single handedly, with no CSA payments. Now they are both at University I am still responsible for helping them out financially and to pay this extra to my partner will result in me having to withdraw my own kids financial support. The CSA does not recognise them as children as they are over 18.

We have been asked if we want to proceed with the appeal and I am in two minds as whether we should do so. We have been told by the appeals department that if I don't supply my details then they will assume that I am on a good salary and make a decision on this assumption. As I do not earn a high wage a decision going against us would cripple me. The thing is if I fight this, the only way I can do so is by proving I can't afford to contribute and consequently give them my income details. I still do not want to do this as what I earn has nothing to do with the CSA! I don't even have a legal obligation to support my partner.

I feel that the CSA are blackmailing me into supporting my partner further so he can support his children.

What makes matters worse is his children would not be financially better off. They have everything they need and more besides as their mother is on a very good salary (twice what my partner and I earn) and is getting married very soon to her partner who is also well paid.

Does anyone know whether the CSA have been challenged on this? Can they really force me to support my partner when I have no legal responsibility to do so? Could I take them to court for emotional blackmail?

Should we continue with the appeal even though my refusal to co-operate will mean a punitive assessment against my partner if we lose?

I am in complete despair! Any advice would be grreatly appreciated

Kitty

kelloggs36

Kungfukitty wrote: »

Hi

I am interested to know how you managed to stop the CSA from getting its hands on your income? I am in a similar situation.

My partner is a sole trader and is not making much money, despite being very good at his job, and hasn't done so for many years. When we got together my partner and his ex had an informal financial agreement in place . But after a silly falling out she withdrew access to the children (from 3-4 nights a week down to 1) and went to CSA.

The original assessment came out at £6.24 a week, (much less than the in-kind contribution we were making), but she applied for a departure from the rules order because I had refused to give my income details and she hopesd to get more money. The assessment came back at £20 a week, saying that I should contribute 80% to my partner's housing costs. I strongly objected and my partner put in an appeal.

Both my partner and I want to contribute to his kids upbringing, but we can't afford any more. I have two children, that I brought up single handedly, with no CSA payments. Now they are both at University I am still responsible for helping them out financially NO actually, you are not. YOu are under no obligation other than what you choose, to pay anything for your adult children. Their university grant/loan would have been assessed based on your details but that is not the same as you having to actually make any contribution towards their day to day costs. That is what their grant/loan is for, and most students get jobs to subsidise their incomes. and to pay this extra to my partner will result in me having to withdraw my own kids financial support. The CSA does not recognise them as children as they are over 18.

We have been asked if we want to proceed with the appeal and I am in two minds as whether we should do so. We have been told by the appeals department that if I don't supply my details then they will assume that I am on a good salary and make a decision on this assumption. As I do not earn a high wage a decision going against us would cripple me. The thing is if I fight this, the only way I can do so is by proving I can't afford to contribute and consequently give them my income details. I still do not want to do this as what I earn has nothing to do with the CSA! I don't even have a legal obligation to support my partner.

I feel that the CSA are blackmailing me into supporting my partner further so he can support his children. No, they want to make an assessment which is the fairest possible - by you refusing to supply the info, you are preventing them from doing this. If you don't earn so much more than your partner, then they will amend the departure decision, although I would not expect a huge drop - £20 per week assessment is still actualy very low.

What makes matters worse is his children would not be financially better off. That is not for you to assume. Their mother may well put by that £20 per week for their specific needs or may be saving it for them for later on. It costs much more than £20 per week to bring up 2 children - your hubby's £20 is a mere contribution of that. They have everything they need and more besides as their mother is on a very good salary (twice what my partner and I earn) and is getting married very soon to her partner who is also well paid. You can make your own application for a departure so that her partner can contribute towards the housing costs as it is a CS1 case - this departure works both ways.

Does anyone know whether the CSA have been challenged on this? Can they really force me to support my partner when I have no legal responsibility to do so? You share a house so you share the costs - you both work so why should it be assumed that he pays all the costs therein?Could I take them to court for emotional blackmail? You could try but you would be wasting your time and money. It is your choice at the end of the day.

Should we continue with the appeal even though my refusal to co-operate will mean a punitive assessment against my partner if we lose? That is entirely up to you. If you want to know what impact providing your details will have, then PM me (I used to work with CS1 cases) and I can advise in detail rather than in general terms.

I am in complete despair! Any advice would be grreatly appreciated

Kitty

Advice as above.