Child Maintenance (CSA) questions (merged)

jbbonce

Acc72 wrote:

What happens if / when you find a new partner who will hopefully buy your kids things - will you give your ex a reduction in payments ??

By law, PWC's new partner does not affect NRP's payments. As NRP's offspring they are his responsibility and this will not change unless PWC's new partner adopts the child concerned

kelloggs36

However, when a NRP moves in with a new partner who already has children, he will enjoy a reduction in payments as he is given a (higher) allowance for these children than he has liability for his own children which I think is totally wrong! For example, before he moves in with new GF who has 2 kids, he has to pay (for argument's sake) 15% for 1 child and his net income is quid per week. THis would amount to 45 pounds per week for his OWN children. However, he moves in with new GF, and now, he gets a 20% allowance off his net income towards HER children, reducing his maintenance to 36 pounds per week as he only has to pay 15% on the remaining 80%. So, we have a CSA system which now believes that children that are nothing to do with the NRP are benefitting more than his own children. It may also be that his new GF is getting maintenance from her ex on top of that, so the original PWC loses out - as per usual.

kelloggs36

But I do believe that he should get reduction if the new children in his household ARE HIS!!

shaunc196

Good evening kelloggs36, our resident CSA Expert. I would like you to answer a few questions for me, if you don't mind.

While wife and children are still here, will the CSA contact me?

If I don't pay the CSA, does the wife loose out?

If I have no money what so ever left, what does the CSA do then? ( Must be a few of us in this situ )

My circumstances will improve, in about 3-4 yrs time. Whats happens if I am honest to the CSA and tell them this?

The wife has gone down the Income Support road, and concented to CSA being contacted. If my wife doesn't chase the CSA for payment, what happens then? ( this relates to Question 2 )

I think that is all for now, if I think of anymore, ok for me to pester

As I said in a earlier post, I am NOT going to stop supporting my children. They are the most important thing to me. Its just our financial situation is in tatters atm, and will improve in time. Wife knows this, understands this.

Thank you for reading.

kelloggs36

CSA can't contact you whilst you are living under the same roof as your wife - regardless of whether you are separated. You have to be non resident!

If you live apart, if you don't pay and your wife is on Income Support, she will lose up to ten pounds per week as this is the max she will get anyway. It may take time to assess, but if you don't pay they will slap a Deduction of Earnings Order on you (see below).

If she is NOT on benefits, then problem solved as you can come to your own arrangements anyway. However, if she makes a claim, and you are assessed to pay, then yes, she will lose out by every penny that you don't pay.

If you have no money left over the CSA will TELL your employer to deduct the CSA from source - you will have no choice BUT to pay unless you pack your job in, and if you do this, then they CAN keep your assessment the same instead of applying the fiver if you were claiming benefits, as you may be deemed as deliberately packing your job in to avoid paying the CSA.

The CSA aren't interested in the future, only the present. If however, you get lucky and they don't hound you, but you build up arrears, when you do start paying they will take more than your assessment to take account of the arrears. They are however, taking much earlier enforcement action these days.

If your wife has made a claim to Income Support then this will be highly investigated if you are living in the same house and it may be deemed that you are not separated (even if you are!!) so she may get nothing from them. If this is the case, then CSA not involved. Not involved whilst you are living there, whether she's on benefits or not basically.

I am a bit confused though, can you clarify: Does your wife actually still live in the same house? Has she made a claim for income support from that address and stated that you are still living there? Or has she claimed from another address to where she intends to move? If this is the case, then she shouldn't really claim IS as I have explained above.

Hope this helps!!

shaunc196

Yes Kelloggs36. Basically this is what has happened. She has decided, much to mine and the familys dissapointed, that our relationship is over. She doesnt love me anymore bla bla bla.

So she went in, Size 9's and all, and had interview with Income Support, and Housing Benefit. IS said, can we advise CSA, she said YES. She is still living in the property, as well as I am. We are staying "seperated" i.e. different rooms, not eating together, not doing my washing, you know, all I am helping with is the kids, taking them out, ironing there clothes for school.

She is still here, because, HB people have said, well, your name is on the mortgage, you have a home, stay there. She said, I cannot afford it, they said, tuff. HB people said, remove your husband, she said I will get reposessed, they said "and"? then we will house you in Temp Accomendation for a while. Now I am not having my angels go through that.

I cannot afford to move out, and pay for this house, and pay or try to find another house somewhere else.

We cannot sell the house, as we are upto date on payments, never missed one, and secured loan knows debt is more than house is worth and will NOT let us sell the property.

I asked her tonight, does she still want to go through with this, as tbh, mad as I may be, I still have very strong feelings, but she is adimant, that, thats that.

You see, this is a "special" situation, but what do they deem special nowadays, it seems to vary so much. To me, the "system" cannot cope with a nice ammicable seperation, its all about screwing the other half

Well I think thats all

Thanks again

Shaun

mutley74

kelloggs36 wrote:

You have a temporary order and you have made a claim for child benefit - you should really claim from the mother as she is not entitled to claim maintenance any longer. Have you been awarded Child Benefit yet? This is usually the gateway to other child-related benefits as Child Benefit should be payment for them to be able to make award.

Thanks for advice. I think I will wait for what its worth not to claim csa from mother Yet. Basically I suspect she only let go of child as she must have received proceeds from house sale now and strongly feel she will ask for child if she realised csa can demand from her. A little off-topic but can I go back and ask for a financial ancillary relief court order to be reviewed since June 06. As finances were made in mother’s favour (65/35) as child is supposed to be living with her. But less than 7 months later she has ditched child.

Firefly

http://www.dwp.gov.uk/childmaintenance/csa_report.pdf

The above link is to a consultation document that was sent to me by my MP this morning.

It gives some helpful information on the proposals for reforming how child maintenance is dealt with.

mirrorimage0

havent read through all the post as there is so many but im not a great fan of csa, i have a 7 yr old boy who has only been seeing his biological father for about a year and a half now although i have always known where he has been working and living etc and in the past i have phoned csa on a regular basis id say for about the first three yrs of my sons life and gave them all his details, i have never even had one letter from csa regarding him so even when they have had the information they cant be bothered to do anything about it.
and in all honestly i have never needed his money as i have been lucky with my job and new partner and always been able to work around my childrens schooling etc but i just dont see why he shouldnt pay for a child he wanted and then didint see for five and a half years.
personal rant over for the day:mad:

lovely day for the snow

kellyaicken

I dont know if I am posting in the right area, or even if anyone can help me. I dont know what to do and I am so worried. My partner has 2 children already and I also have 2 children both from previous relationships. About 8 years ago my partner had a short relationship with a woman who despite taking contraception fell preganant, they went there separate ways and my partner has never had any contact with this child, never seen it, does not know anything about it etc.....Today upon my partners arrrival at work, he has an order from the CSA saying that they are deducting £500 a month from his wages, this has come as a massive shock and we do not know which way to turn or what to do. Can anybody help or point us in the right direction. Thanks in advance...x