Child Maintenance (CSA) questions (merged)

kelloggs36

If Parent with Care is working and has a partner, her details are taken into consideration as both parents are deemed responsible for the upkeep of their child. In most cases the PWC's income has no effect on the assessment though. If PWC and new partner have children between them then his details will be requested to see if he can contribute towards THAT child and reduce the allowance offset against the PWC's income which is then assessed. Again, hardly ever makes a difference and even if it does, it is hardly worth worrying about.

Situation regarding NRP's new partner's details is often misunderstood. There are a number of separate calculations carried out when making an assessment and put together at the end to determine the amount of maintenance the NRP should pay. As already explained, PWC's income is assessed (unless she is on WTC then she is deemed to have no assessable income). An amount is calculated based upon the age of the child in question and put to one side. The NRP's income ONLY is assessed using his net income and allowing him certain amounts which are offset against his income, such as housing costs which are restricted to 50% of his net income or 100% if he has children living with him. Once these allowances are deducted off his net income the amount left over is compared to the amount calculated as being required to look after the child. If after deducting the amount (assuming PWC no income) there is some left over, another calculation is carried out to determine a top up (which is at 15, 20 or 25% of what is left over) and added to the original amount. This is called his NOTIONAL ASSESSMENT. Then another calculation is carried out to determine if he can afford to pay this amount. In circumstances where there is no partner, it is unlikely that there will be any difference to the assessment as both figures are similar, but in some cases (usually due to housing costs and what type they are) it does. This calculation takes into account ALL HOUSEHOLD INCOME, INCLUDING THAT OF THE NEW PARTNER and allowances are deducted from this total which include an allowance for her and any children of hers (which is not given when calculating the NOTIONAL ASSESSMENT). The total after all allowances, plus a bit more(lol) is called THE PROTECTED INCOME. This income is what the household MUST have at least, in order to live. THEN, the NOTIONAL ASSESSMENT is deducted from the amount left over from the PROTECTED INCOME. If there is an excess the NRP pays only the NOTIONAL INCOME but if there is a negative figure, the NRP pays this difference - thus LESS than the NOTIONAL ASSESSMENT. Therefore:

THE INCOME OF THE NEW PARTNER OF THE NRP WILL NEVER INCREASE THE ASSESSMENT, BUT CAN ACTUALLY LOWER IT DEPENDING ON THEIR HOUSEHOLD.

Hope that clears things up lol.

Broken_hearted

I don't understand how the CSA works. If the NRP gets a new partner who works they may have to pay more as housing costs are lower. If the RP gets a new working partner and therefor lower housing costs, the NRP still pays the same. Its no wonder the whole system is in a mess.
Maybe it should just be a set amount per child to save all the hassle.

jellycat40

Morning all, I am on the other end of this conundrum.

My OH pays his ex voluntarily,he sends a regular amount + extra at summer hols and Xmas, he is self employed and our income is low enough to receive WTC although not the full amount.

She is convinced we have this amazing lifestyle, we have a rented house which belongs to my ex and for which we pay slightly under the market value. We do have holidays usually 2 a year but they are paid for from my maintenance from my ex as he wants his child to have these holidays and he is in a position to a pay a substantial amount each month for her to have the lifestyle she was born to. (His words not mine).

I get fed up with her trying to get info about us/me and what she percieves we have. We do not drink or smoke but we do like to go away in our caravan (not new) and she see this as luxury. She smokes 20-30 a day and drinks daily as she is alcoholic. She runs a car, has a very nice brand new house paid for with Housing Benefit, she has full income support even though she could work now her youngest child is nearly 7, she does not declare her maintenance to the benefit agency and has a fiance who lives with her part time, just below what would be classed as living with her fulltime.

My OH has no access to the children aged 15 and 6 apart from when it suits his ex. Last year he saw them at New year (06) and the 30th of December. So two visits of 2 hours each nearly one year apart. Other times when he was supposed to have them she cancelled.

His CSA assessment was NIL!!!!! She still moans. Not all ex's are trying to avoid paying what they can and some are unjustly labelled.

Louise

newcook

Broken_hearted wrote:

Maybe it should just be a set amount per child to save all the hassle.

unfortunately if they did this it would probably be something ridiculous like £2 per week as even those who are unemployed have to pay a certain percentage from their benefits.

kelloggs36

Jellycat - your partner actually pays so he is to be applauded. My ex is self-employed and has lied and lied even to the inland revenue. He was assessed at nil and I had to get evidence to prove his lifestyle was inconsistent with his lifestyle. He claimed to earn 146 per week and had a wife who (he claimed) was not working and two other children. His housing costs alone were 110 per week. He claimed to claim no Tax Credits and so after his housing costs were paid had the princely sum of 36 per week TO LIVE ON. Now sorry for not believing him but I think that to be IMPOSSIBLE. Out of the 36 per week, he had to pay full council tax, food, gas, electricity, water, petrol, car tax and insurance the HP on his car etc, etc, etc. He must be Paul Daniels who can conjour up money from thin air lol. I proved he had lied to the Inland Revenue and won in a tribunal. His assessment was changed from NIL to 76.37 PER WEEK. Big lie I proved!!! Anyway, since then he has NEVER paid. He was summonsed to Court and ORDERED to pay 50 quid a week towards the arrears which were just over 16k at the time and paid for 12 months, then nothing. Now, at that Court hearing he was told that he was being given a SUSPENDED PRISON SENTENCE AND IF HE CEASED PAYING HE WOULD BE SENT DOWN!!!! STILL he refuses to pay. He has a court date for breaking that order and I have no sympathy for him whatsoever if he goes to jail. Some may feel I am being a cow but when his wife tells his daughter not to phone her dad ever again as he wants nothing more to do with her, then I am afraid he has made his true colours clear. He has no intention of maintaining his daughter but I'm afraid that as a mother, I will not lay down and let him get away with it - ever. He will pay. I asked him to pay me about 30 quid a week BEFORE I went to CSA but he refused and now complains that he has been asked to pay more!!! HE HAD THE CHOICE!!!! He also has 3 charging orders on his house and may be forced to sell it if he fails to pay up.

So, I wish I was your partner's ex lol at least he is being reasonable where mine isn't even when I tried, oh how I tried.

worrypants

if he goes to prison how will he pay and when he comes out who is going to employ him with a prison record so he will never be in a position to pay?

no winners here

MonkeySaving?

tevangelynne wrote:

hi i havent had a penny from csa / ex since the day my husband left 6 years old . my daughters are 7/9 ..
i just wondered if they dont take your partners earnings into account why do they take your exs new partner .. that doesnt seem fair

They won't end of story...The CSA deals with the absent parent and the parent..no one else comes into it.

Zara33

worrypants wrote:

if he goes to prison how will he pay and when he comes out who is going to employ him with a prison record so he will never be in a position to pay?

no winners here

Course there are winners here, he probably won't go to jail he will get to pay£5.00 pw.

MonkeySaving?

jocymru75 wrote:

Thanks, have told csa that she lives there and they sent me a huge booklet to fill in which included answering loads of questions on the new girlfriend, how am i going to find out where she works, her full name, how much she earns? Stalking seems to be the only sensible answer! :rotfl: :rotfl: :rotfl:

Stalk her all you like, it makes no jot of difference what his new girlfriend does, or how much she gets paid. You won't get any extra CSA payments just because he has a new partner, it doesn't work like that i'm afraid...If you've been told this by someone in the CSA then they need sacking..

kelloggs36

worrypants wrote:

if he goes to prison how will he pay and when he comes out who is going to employ him with a prison record so he will never be in a position to pay?

no winners here

He is self-employed so he employs himself. I don't care I'm afraid - he made his choices and they WERE HIS choices to make, he could have complied and then nothing would have happened to him. He made his bed, so to speak.