Child Maintenance (CSA) questions (merged)

hobo28

Thesaint makes a good point. If he gives into blackmail then it will just continue.

Is his name on the birth certificate? If it is then he also has parental responsibility.

I'd suggest he gets some legal advice from a solicitor sharpish and if he cannot resolve it amicably, court may be the only option.

But please tell him not to hand over cash and don't allow himself to be blackmailed over it. Things will just get worse.

dlb

If she wont sign a recipit book, then get your brother to open his own account and put the money in there every week, tell her to go to csa, and then when its all sorted ( which will take some time) he has some money put away.
Tell her this is what he is doing, she will either sign the recipt because she wants the money, or by the sounds of it he would be better off doing it officially either through csa or a solicitor.
If he is on the birth certificate he can open an account in the childs name.

Prudent

Issues over payment should not be confused with access. They are separate. Is it possible for them to both set up bank accounts? That way he can do a regular transfer and it can be proved.

kelloggs36

BTW the receipt needs to state that the money paid to her is in respect of child maintenance for 'name' and signed and dated by both parties. However, unless she has made a claim via CSA he has no legal obligation to pay anything, so if this is a voluntary agreement, I would cease paying her and open an account which can be accessed later on by the baby, or if the CSA get involved, he can make payments into this account until they request the money, then he can make the payment in one go which would avoid getting into arrears.

welshcakes

Emma, your bros situation isn't unusual but as long as the babies day-to-day needs are being met, it is irrelevant how she divvies up the money she has coming in.

Is there a reason why he hasn't arranged maintenance through the CSA (does he pay less than the 15% of income formula)? For a small fee, Postal Orders is an option (though I think they tend to be Postal Cheques now) - no account needed to pay for or cash in these cheques and can be done instantly at any post office counter. They are traceable by the purchase recipt.

I've no doubt, your bro is keen to maintain his baby and even though it is immoral that this dictates contact in his case, it in fact will work to his advantage. ie money = pattern of regular contact = strong case for being awarded equal or increased in a court of law.

bikerqueen

If the money from your brother is going on her, presumably she's paying for the child out of her own money? so, how is it definitely his money that she's spending?

I think the idea of beginning access proceedings and setting up his own bank account is the best one.

kelloggs36

Bear in mind that if the CSA do get involved, there will not be the option of paying the child into an account. It has to go to the parent. THat is the whole point of maintenance - to maintain the child whilst he/she is growing up, so the money needs to be available for the parent.

I have heard the argument so many times about the PWC spending the money on herself - well, we all need to spend money on ourselves once in a while and provided that the child is fed, clothed and kept warm and dry that is all that can be asked from the NRP. A happy mum is a happy child. Of course it doesn't do for anybody to spend money on themselves to the detriment of their children, but there is no way to police this, except for reporting them for neglect and there has to be good evidence that this is the case. As bikerqueen says, it is impossible to determine which pound coin, or which five pound note is used for the baby!!!

emmaBZ

welshcakes wrote:

Is there a reason why he hasn't arranged maintenance through the CSA (does he pay less than the 15% of income formula)?


he was paying just over the amount from his benifit and has just started working this weds so he will up the money.....

emmaBZ

bikerqueen wrote:

If the money from your brother is going on her, presumably she's paying for the child out of her own money? so, how is it definitely his money that she's spending?.

as she phones him up and tells him she needs £40 ( and she says he has to give it to her !!) so she can go out with her friends ....she asked him for money so she could go to the cinema with her new b/friend !!!! ( she actually said this to him ) of course when bro says no she says hes not seeing baby !!!

surely my bros not expected to pay for that.....

she assumes he has to give her money for whatever she wants ....
which is wrong its up to him to provide for the child...not her....

hobo28

emmaBZ wrote:

as she phones him up and tells him she needs £40 ( and she says he has to give it to her !!) so she can go out with her friends ....she asked him for money so she could go to the cinema with her new b/friend !!!! ( she actually said this to him ) of course when bro says no she says hes not seeing baby !!!

surely my bros not expected to pay for that.....

she assumes he has to give her money for whatever she wants ....
which is wrong its up to him to provide for the child...not her....

Your brother has to pay maintenance. What she does with that money unfortunately is pretty much up to her. There's a calculator on the CSA website which will give him an idea of what he should pay.

He should absolutely not give money like he is doing at the moment. He's being blackmailed and unless he stands up to her it will simply continue. It does mean he may not see the baby for a while but he needs to make it crystal clear to his ex that he will be seeking contact through the courts if she continues to withhold access.

My advice to him is to start keeping a record of what has been said and any money which has changed hands.