Child Maintenance (CSA) questions (merged)

shaunc196

kelloggs36 wrote:

What is the loan for? You say that nobody is benefitting from it, but what was it for? Is it actually a loan or some sort of savings plan you have signed up to? I am confused because you say that the only benefit is a 12k insurance payout?????

The reason I am asking is not to be nosey, but to establish whether you have a case for applying for a Variation on any CSA assessment. Certain criteria apply and if you have to make payments for a loan, it may qualify which would lead to a reduction in your maintenance.

First of all it was a consolidation loan. To pay off all the credit cards "we" had run up. Then we just topped it up. Its in both names, therefore both are responsible for it. We didn't do any major purchasing with it, and we was very silly. When we took it out, we done the payment protection. If you don't claim after x amount of years, this pays you back, hense the 12K payout.

Hope that clears things up, but yes it is a loan, secured on the property, and its in both names, as BOTH of us done it. Hope thats enough for a variation.

emmaBZ

hi .... my bros little one is 3 months and hes been giving the baby's mum cash every week for the baby....she has been spending it on herself, and even phones and asks him for cash so she can go out with her mates. !!!
bro doesn't have a bank account nor does baby's mum so just wondering how he can pay money for the baby so that its traceable as hes planning to go to court for access rights cuz shes always wants to know where bro is and who hes with ect...and then if she doesn't like it or he doesn't tell her she says hes not seeing baby anymore....

point being if it goes to court and he says he has paid money for baby there's no way of backing that up as it was cash.....

also he wants it to go to baby not her....

hes offered to buy things for baby but she said no she just wants the money....
i don't know what else to say to him how can he make sure the baby gets the money spent on him and how can he create a trail to show he been paying

flybynight

he could get her to sign a receipt in a receipt book, you can buy them from smiths, at least then he would have a record, although im not sure it would be admissable

newcook

tel him to buy her vouchers for Asda...!

thesaint

Tell him to open a bank account and pay her by cheque, leave it up to her to open a bank accout. Alternatively pay by Postal order(costs, but he has a receipt)

If they are old enough to have a child, they should have a bank account. Does she get child benefit? How is this paid?

Your brother can not tell her how to spend the money, as hard as it is, she can do whatever she wants with it.
He can pay for things, just make sure he gets a receipt. He needs to stand firm if he thinks it best for their child.

bluezone

receipts are admissable so get that receipt book!

hobo28

I doubt highly that she will sign a receipt book. I suggest a bank transfer or cheque is the way forward.

Going to court for access rights will not be affected by any maintenance he may/may not have paid. The two issues are separately dealt with. Access is dealt with by court, maintenance by the CSA. Rightly so in my opinion.

thesaint

Contact(Access) is gone into if it reaches court. The law is quite clear that they bear no relation to each other, but the solicitors and judges haven't caught up yet.

The CSA do not have to be involved, and I would suggest that the O.P.'s brother sorts it out between them if possible.

emmaBZ

hes tried but if he doesnt tell her where hes been or that hes seeing someone else she always stops him seeing baby.....
like this sat night shes going out bro was gonna have baby sat night but now shes turned around and said babys going over her aunts for the night instead !!

she came and collected baby yesterday and bro said she smelt of drink.she admitted shed had a drink at lunchtime.....?
i told him he wouldve been well within his rights to and shouldve took the baby out of the car and said he would drive baby back home but he didnt want to rock the boat....... !!!!

thesaint

I've been in a similar position as your brother.

It hurt but there were times that I had to stop being blackmailed by not seeing my son for a few days. I could've seen him, but I thought it was the wrong thing to do in the long run.

It doesn't get better, so I believe your brother needs to bite the bullet now.
This could be going on for years and years. It is just hard to do when you love your child so much, but as long as he is doing it for his child he is doing the right thing.