Child Maintenance (CSA) questions (merged)

katyp

Thanks for your reply, Jet.
In all honesty, he's not interested in fighting it - he has been fighting his ex for the past three years in court for contact with his sons, neearly got there - to have it snatched away from him by a new judge, who didn't read the past history of the case and told him to 'trim his sails' with regards to contact.
His sons are severely alienated - two agencies who have reported on this case have expressed concerns for the elder one's mental health - but the judge was not interested, so my partner had decided that, for everyone's sanity, he will have to draw a line under it and let them go.
I think that if there is a court order in place, it can be enforced by a country if there is a recipricol arrangement in place, which I presume there will be at the country she wants to go to.
There is no issue with paying the CSA amount, even if he doesn't actually see his sons again, which is the most likely outcome.
What we do object to is his ex basically trying to get maintenence for herself via the back door.

Kimberley

If he has parental responsibility, she cannot take the kids abroad without his consent. That is what my cousin was told when his ex threatened to do a runner with their kids..

Bossyboots

Kimberley wrote:

If he has parental responsibility, she cannot take the kids abroad without his consent. That is what my cousin was told when his ex threatened to do a runner with their kids..

This is true, although it is actually incredibly easy to get away with and there is little to be done once they have gone in most cases. Checks are not made in this country to stop parents flying out with their children and to date I only know of one country where they insist on a letter from anyone with PR stating they have given permission for the children to be taken there.

Maintenance orders are enforceable as indicated, if there is a reciprocal agreement. A court is not likely to award more maintenance than the CSA have calculated. As has been shown above, the ex will be expected to show that she can support the children if she uproots them and she cannot expect that to be to the detriment of someone else because she has taken the decision to go.

Alleycat

Hi,

Not sure if this is the right board, sorry if it isn't!

Anyhow, I am posting this question as a favour to my friend who is due in court next week as her ex-husband has decided that he wants to reduce maintenance payments for their twins.

My friend and her ex came to a financial arrangement 6 years ago when he left through solicitors, so no CSA involved. He has been paying 20% of his earnings (based on earnings 6 years ago) but now he has two children by his new wife he wants to drop this amount as he says he can't afford it. This is total rubbish as him and his new wife have two (very nice, thankyou) cars, live in a four bedroom house and can afford to take foreign holidays every year, whereas my friend drives around in a rust bucket, lives in a two bedroom terrace and would love to take them abroad but can't. She even had to stop their music lessons as she couldn't afford to pay the increased fees and he certainly won't cough up any of his precious money. I can't remember how much she told me it would be to, but what she is wanting to know is what the current guidelines say is acceptable for him to pay for two children? He claims to buy them presents and clothes regularly, but this is untrue. The one and only time he bought them any clothes was earlier this year when he took them to the Dominican Republic for his wedding and even then they were the wrong size and totally unsuitable to the weather they were expecting (trousers and jumpers!). She unfortunately won't know until the actual day how much he is earning, although she says part of her doesn't want to know as it makes her sick thinking about it, especially as he feels he can put a price on his childrens head in this way.

Hope you good people can advise, thanks, and apologies for the mini rant!

Alley

NAR

If CSA was involved it would be 20% of his earnings at time of claim. She might be better pursuing this route, as his income has gone up by the sound of things.

Alleycat

Hi NAR,

Thanks for the advice. Its him that would rather not go down the CSA route, we think because he doesn't want to have to declare all his outgoings. We are pretty sure he is shooting himself in the foot with going to court (his decision when my friend wouldn't agree to his suggested contributions), but it would be handy to have an idea of the recommended percentages he would need to pay.

Prudent

The court can force him to declare all earnings. Ask for a p60 as it will show his total earnings for the year. The CSA take 20% for two children, but make a deduction from this because he has children in his household. Check out the CSA website, it gives tables showing exacts figures based on earnings.

jellyhead

is your friend on benefits? if not i don't know if the CSA would get involved? my sis works part time and is on tax credits - she's been waiting for about 2 years for them to sort out her claim, they told her that they don't usually get involved if the parent with care of the children is not on benefits!

Alleycat

She isn't pursuing the CSA route at all. She is more than happy just to use solicitors. He has one child by his new wife and the other child is his wifes from a previous relationship. Does anyone know whether when working out the percentages, do they take both children into consideration or just the one that is his?

Sarahsaver

they are lucky they get anything at all! my sons' dad owes us over £3.5k in arrears and I think he's lied about his whereabputs to get out of paying.
If you do go the csa route dont expect it to be plain sailing.
They are lucky to go to the dominican republic! Speak to a solicitor your friend may get legal aid. Best thing is to not rely on anyone elses money but to see it as a bonus if it does come her way. all the best x