Child Maintenance (CSA) questions (merged)

Prudent

Alleycat wrote:

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?

Unfair as its seems, they take into account both children. Even if the father of his new wife's own child is paying maintenance.

NAR

Alarm bells are ringing with me. Ok new family circumstances will have to come into calculations, but existing maintenance is based on salary earned 6 years ago. Presumably income/salary has improved over those 6 years. New maintenance figure will surely be based on current income.
However is he self employed and therefore able to massage/doctor his income to make it look worse for the purposes of this court appearance?

Alleycat

He's not self employed and they will be basing it on his current earnings. I worked it out today with a 3% pay increase every year for the past 6 years and she will definately get more on this figure, however I was only taking into account one child in his new relationship.

Basically he is wanting to pay my friend a third less than he currently is. So from £360 per month to £240. As they're twins its not like one of them can wear hand me downs from her sister and this seems to be a rather massive decrease. Does he seriously think that his children cost less just because he has had another baby.

Thanks for all the advice so far!

jellyhead

no, his children don't cost less just because he had another baby but his wages have to stretch further

hannahsmum1

the shoe is on the other foot with me! I have my partner who pays maintenance for his son with his ex wife he pays her 350 a month (used to be 400 until i fell pregnant with our daughter who is now 1) whilst i have to survive on 75 a month from him which is given to me when and if he feels like it (i do live with him as well by the way and contribte to the bills and mortage) - she said she wanted to know exactly how much he earns and if she was entitiled to more from him- i wont let him go down the csa route as they would have to know my circumstances which is frankly none of her business. we buy clothes/ toys etc for his son as she sends him round to us with clothes that dont fit/inappropriate for him, we also take him away on holiday and have him whilst his mum goes on holiday as well (shes a regular to jet off to spain at the drop of a hat and 'dump' the child -which we dont mind as hes a nice kid) i do sympathise with your friend and hope that she gets the outcome she deserves which i dont think she would get if the csa get involved (heard too many horror stories!)

Sharra

This web site here give detailed info on how maintenance is calculated. From personal experience (being on the receiving end of maintenance) I would say if you can avoid the CSA then do so - they are a bunch of incompetent *&^$%&*! You might find that confronting him with what he *would* pay through them, along with CSA horror stories might make him cough up.

hex2

Right or wrong, if he has two children by new partner then 20% of his net income is set aside for them, your friend is then entitled to 20% of the remainder. There are further deductions depending on how many nights per year they spend with him - see the csa website for details.
His new partners income is not taken into acocunt under the new rules. The only time they would consider it would be if his standard of living greatly outstripped his declared income. *Hannahsmum* it would be very unlikely that they would ask for your info on the same basis.

Alleycat

Just to update. My friend attended court today and the judge threw it out!! He told my friends ex to stop wasting his time and when he complained saying that he had another child to support, the judge said that he intentionally had another child knowing he already had two others to support so to stop complaining, heehee!! When the ex said oh well, what about the fact that I regularly buy the children presents, toys, clothes etc, the judge just said "and so you should, you are their father after all".

He can appeal if he wants but he would have to fill out an humungus form detailing every bit of his current incomings and outgoings. We're pretty sure he won't want his finances under scrutiny and so won't do it. The judge said that even if he does this it in no way means he will be able to get away with paying less than he already does.

Thank you for all your advice.

Alley

NAR

Sounds like the right verdict to me.

coolbreezes

at the end of the day a father who fails to provide for his children whether it be financial or hands on will have to look at his conscience !! The years of childhood can never be repeated so there loss !!