Selfishness V's Child Maintenance

Blackpool_Saver

What exactly is a key worker? Why can't he be the one to leave.
See a solicitor and get HIM removed.

marksoton

akane wrote: »

He may have automatic Parental responsabilty but you can still change the babies surname and take the child out of the country.


Not that it's very important to the OP at the moment but no she cannot.

Kimitatsu

DONT MOVE OUT!!!

If you move out and then apply to your council you could be deemed as "intentionally homeless" as there were no grounds for you to leave the flat. There is no threat of violence (from what you have said) and unless the housing board serve you with notice then he cannot evict you. Also just becuase you have a daughter the statutory duty lies with the council to accomodate your daughter not you if they feel you are intentionally homeless.

Speak to your finace and tell him that he needs to pay you £250 per month as per the CSA rulings and that you are happy to stay in the flat and let him do his socialisng. You and your daughter can have one room and he can have the other - this will enable you to claim benefits in your own right. Its not ideal BUT you have a roof over your head and in the winter you certainly do not want to be street homeless.

I would strongly urge you to seek legal advice, you will qualify for legal aid on your income so it will not cost you anything.

Please please ask any questions that you may have but do not move out - councils will gate keep the properties as long as possible so you could be housed in any dump in any area.

kelloggs36

Separate everything - your food, cooking, washing clothes etc. Separate your finances so that the officer cannot say that you are living together as husband and wife - get as much proof of your separation as possible.

LizzieS_2

As both your names are on the tenancy you both have a right to live there. Either of you can apply to court for the tenancy to be moved into one name and the other occupant be removed. You need to speak to a solicitor (you should qualify for legal aid as you will be assessed as a single parent) and show them the tenancy agreement - unless there is an over-riding provision for the key worker the court would award tenancy to the parent caring for the child.

I wouldn't normally advocate moving what may be a vast distance away for contact with the child, however, your choices are limited due to only having lived there for 3 weeks. Have you thought about applying for a council property in the area you used to live? If that area is also where you have close family/friends who would be there to help you out regularly it would also help move you up the list.

Hawthorn

Take what you can get from him (even if it's £150), and let CSA chase him for the rest.
I say this, because CSA aren't great at getting cash out of folks. I've been waiting for a lot of years now, and despite phone calls, nagging, letters, nothing has happened. I even provided them with work details, address, telephone numbers etc for my ex. £150 a month is better than the nothing I get from the CSA.

LizzieS_2

Hawthorn can you start a new thread for your own case?

The csa do seem to struggle with self-employed and job-hoppers, but can manage the type who stay in a job for long periods (albeit they may need a kick to move).

Which way to go very much depends in this instance over what the OP is going to do workwise (and housing is the first issue).

mooma_2

Thank you for all your support and advice, I really appreciate it.

I will defo be staying in the flat now as I can see that if I leave i'm creating even more problems by "making myself homeless".

I had no idea that I can claim Income Support if I am still under the same roof as my ex. I don't do anything for him now anyway - no washing, cooking, cleaning up etc. I also already sleep in a seperate room with our daughter and don't have any of ex's clothes/stuff in the room. So if I seperate my food etc from his and get my name off the joint account then I should have no probs with getting some money which is a relief.
So I will defo be applying through the CSA for the money he should be paying!!!

Have had some advice and I can either stay living with ex and grin and bear it, or I can go through court to get them to decide who the tenancy will go to. I have been informed that it will more than likely be me who gets to stay with my daughter. They would change the tenancy from a keyworker one to a normal one if it was decided I should stay living here.

The only thing is that ex has threatened to go through court and get custody of our daughter if I go to court to try to get the tenancy awarded to me. He just wants me to leave. I am so scared, I couldn't live without my daughter she means everything to me.

Threadhead

LizzieS wrote: »

Hawthorn can you start a new thread for your own case?

Strange comment? It seemed to me that Hawthorn was giving advice and backing it up with her own experience, like many people have on various threads.

marksoton

mooma wrote: »

Thank you for all your support and advice, I really appreciate it.

I will defo be staying in the flat now as I can see that if I leave i'm creating even more problems by "making myself homeless".

I had no idea that I can claim Income Support if I am still under the same roof as my ex. I don't do anything for him now anyway - no washing, cooking, cleaning up etc. I also already sleep in a seperate room with our daughter and don't have any of ex's clothes/stuff in the room. So if I seperate my food etc from his and get my name off the joint account then I should have no probs with getting some money which is a relief.
So I will defo be applying through the CSA for the money he should be paying!!!

Have had some advice and I can either stay living with ex and grin and bear it, or I can go through court to get them to decide who the tenancy will go to. I have been informed that it will more than likely be me who gets to stay with my daughter. They would change the tenancy from a keyworker one to a normal one if it was decided I should stay living here.

The only thing is that ex has threatened to go through court and get custody of our daughter if I go to court to try to get the tenancy awarded to me. He just wants me to leave. I am so scared, I couldn't live without my daughter she means everything to me.

He is highly unlikely to succeed. In your current situation there is very little possibility of a court awarding him residency. He is blackmailing you in the worst possible way, do not let him do it.

In most cases i would advocate shared care but certainly not if he behaves like this !

Don't let him bully you, call his bluff and go for the tenancy. In the unlikely event you don't win the tenancy at least you have tried and have proof for the local authority.