CSA payment for my children?

Missy_me_3

I am new to this site and hope to get some advise.

Hi I am wondering if anyone can give me some advise? My ex husband and I divorced after many years of his extreme violence to myself. When we married I owned my own property and had a wonderful career and was on a fantastic income. Needless to say I was forced to sell this property when my ex went into jail and one of our children was born just days later. I had to support myself and children on the proceeds of the sale.

Unfortunately due to a serious illness I am unable to work. My ex husband however, has come out of prison, and landed on his feet. He is currently living with a new partner, I understand he is claiming job seekers allowance having told the benefits agency that his new partner is "just a friend" and that they have separate bedrooms. I can disproove this as he is fighting me in court to have access to the children (I am disputing this due to his drug addiction, violence and him being in and out of prison). I do also understand that he is earning (most likely cash in hand). He does have a bank account and has recently bragged to me that his bank have given him a large overdraft. Clearly he has money going into this account.

I want to claim CSA, if I do this will his new partners income get taken into account. I know that this sounds mean and bitter, but let me explain. If I were to take a new partner and he worked and we lived together, he would be obliged to support both me and my children. Therfore I feel this rule should work both ways. My ex husbands new partner does not have children and is past child bearing age.

Surely I am entitled to some CSA payment for my children. Why should he get away with it and live the life of luxuary, holidays etc. whilst I struggle to provide for the children?

Please help ..!!

Caz3121

I am afraid that the new partners income is irrelevant in the current CSA calculations, the only interest will be in what your ex 'earns' ... the cash in hand is going to be difficult to prove.

mitchaa

Missy_me wrote: »

I want to claim CSA, if I do this will his new partners income get taken into account. I know that this sounds mean and bitter, but let me explain. If I were to take a new partner and he worked and we lived together, he would be obliged to support both me and my children. Therfore I feel this rule should work both ways. My ex husbands new partner does not have children and is past child bearing age.

Surely I am entitled to some CSA payment for my children. Why should he get away with it and live the life of luxuary, holidays etc. whilst I struggle to provide for the children?

Please help ..!!

Basically what you are saying here is you want a woman that you have never met to financially support your children?

Do you know how absolutely ridiculous this is?

They could get married and you still wouldn't be entitled to 1 penny of HER income, there is no legal requirement for her to do so as the children have nothing to do with her.

Your example of you meeting someone else and them being ''obliged'' to support you holds no water, obliged as in morally but not obliged as in legally.

If he is living a life of luxury with his new partner, and she is funding said lifestyle, there is not 1 thing you or the courts can do about that as why should she be financially punished

It's life, not always fair, but move on and get over it.

CHR15

I'm glad someone replied more sensibly than I would have been able to!!

Soubrette

Unfortunately the CSA are not able to investigate fraud such as cash in hand jobs so the option you have there is to tell HMRC that you believe he is fraudulently claiming benefits (which they will or will not choose to investigate). I do not believe that you have any right to be informed of the outcome of that investigation (if it should occur).

On CSA2 the NRP partner income is not taken into account (and rightly so imo). However, I would still get them involved if I were you - if he claims to be supporting himself on benefits and girlfriend's....sorry friend's income and then is found out that he had another source of income, then you may be able to backdate a claim to the original date that you made your claim as he basically lied about his income, even if only through omission.

If you are on benefits yourself it seems to me that the CSA works much harder to find out exactly what the NRP might be earning.:rolleyes:

I do agree with you that the PWC partner is pretty hard done by but to be honest we do have our children 'out on display' so to speak, so they know what baggage we have. It's one of the downsides of being the PWC but we have many upsides too

Sou

pink_princess

Hi i don t want to over step the mark here,but is there no way the children can be allowed access through another party you trust.It really damages a child to be without any of there parents.It can be hard to allow access and swallow our fears and pride but the children have to come first.
I really sympathise on the maintenance issue,we haven t recieved a penny for a long time,but its a seperate issue to contact.
Best of luck op and i would report the benefit fraud.

Missy_me_3

Hi Pink princess, I have missed out alot of facts here, it could have turned into a book. I totally agree that all children should have 2 parents in their lives, this should not intervene with their safety or emotional well being. I am in no way playing god or using the kids as a weapon. There is a strong Social Services issue attatched to this case. Unfortunately over the past few years my ex husband has been convicted of other serious violent crime. He also battered one of our children in addition to the battery to myself infront of the children. So as not to play god, and hoping that prison may still be a reform and not punishment, I am leaving it with social services, and courts to decide. I have been warned by social services that if i was to allow any form of contact at this stage they would remove my children.

I didnt take any offence to your comment as there is so much unwritten both in my first post and in this too im afraid.

Merry_Gentry

Sounds like an incredibly difficult situation, and I hope you are getting the proper support you need. Unfortunately, I have to say that your ex's new partner should have no bearing on your claim for CSA. If he has 'landed on his feet' so be it, but you have no claim on her money. Hopefully you will get some sort of support from him, and I hope you do.

Missy_me_3

mitchaa wrote: »

Basically what you are saying here is you want a woman that you have never met to financially support your children?

Do you know how absolutely ridiculous this is?

They could get married and you still wouldn't be entitled to 1 penny of HER income, there is no legal requirement for her to do so as the children have nothing to do with her.

Your example of you meeting someone else and them being ''obliged'' to support you holds no water, obliged as in morally but not obliged as in legally.

If he is living a life of luxury with his new partner, and she is funding said lifestyle, there is not 1 thing you or the courts can do about that as why should she be financially punished

It's life, not always fair, but move on and get over it.

Thank you for your reply. However you seem to have taken and made personal statements. So I will reply.

No basically I am saying that not one woman whom I have not met is supporting my children. But thousands of men and women who pay their taxes are currently supporting my children. I would love to be able to work myself but as I have said I have a serious illness from which Im not likely to recover. Therfore I am unable to practice.

Hyperthetically if I were to move in or move in with a new partner he would of course have to financially support myself and children as my current income is unfortunately from benefits. It is a legal requirement that any other incomes or changes in circumstances are declared. Oh of course you will say that this would be a new partners decision as he would be aware I had children. Please remember that these children are nothing to do with any new partner I may choose. So why should a new partner be financially punished? Of course this is what you state for a mans new partner!!

I guess the laws of this country make it easy for the NRP to financially move on. In my opinion the system is working one way.

So far as your comments to move on and get over it. This is not about myself. It is about the children. It takes two to bring children into this world and I will add, mine were a joint decision.

You also overlooked the fact that my ex husband and his new partner "or friend"s joint income is gained by fraud. I guess you think i am being jealous in some way or unable to move forward emotionally. You are so clearly wrong. I just dont see why tax payers should have to support the children and a father pay nothing.

Still fortunately I have my children and their love is priceless.

mitchaa

Missy_me wrote: »

Hyperthetically if I were to move in or move in with a new partner he would of course have to financially support myself and children as my current income is unfortunately from benefits. It is a legal requirement that any other incomes or changes in circumstances are declared. Oh of course you will say that this would be a new partners decision as he would be aware I had children. Please remember that these children are nothing to do with any new partner I may choose. So why should a new partner be financially punished? Of course this is what you state for a mans new partner!!

I guess the laws of this country make it easy for the NRP to financially move on. In my opinion the system is working one way.

I do not think that is a fair comparison, as the woman that your ex is with will be a working tax payer aswell and if she was expected to pay taxes + child maintenance for your children she would be getting hit twice. (Does she work, you mention fraud do you have proof of this? If so report her to the police.)

If you were to meet a new partner, of course for benefit reasons, you would need to declare his income and YOUR benefits would be cut and rightly so as you would be seen as a family. This man would obviously have to take your financial burden on and support you, but this is your cause, not his, he would just have to accept that. Now, if you were able to work, then there would be no need for him to be ''financially punished'' you would have 2 sets of incomes.

The laws in this country DO NOT make it easy for NRP's to move on, take the below scenario..

Man and wife split up, they have kids so man leaves the mortgaged home. Not wanting to see his kids turfed out on the streets, he has to continue paying the mortgage. The mother applies for CSA, he then has to pay for the mortgage, the CSA and then somehow needs to find money to put another roof over his head (Privately, no hope in hell of council) and another set of bills whilst trying to find enough money to buy food with...What kind of life is this for anyone?

That is not fair no matter what way you look at it as 1, the mother in this situation will be receiving all the child related benefits, 2, she will have a free roof over her head, 3, she will be receiving child maintenance, and 4, if she is working, her salary income on top of all this. (There is a thread just recently where this exact thing is happening to some poor guy)

You cannot expect 1 penny from your ex's new partner. I think your expectation that you should shows signs of bitterness and jealousy. She no matter what way you look at it should not be supporting your children. The tax payers that pay for your benefits have no choice in the matter, they pay income tax regardless.

I'm sorry to hear about your situation, but pursuing an angry, violent ex who has history of physical violence towards you and more worryingly your children is surely not the smartest move?

If he has a nil assessment, then there is absolutely nothing you can do about it unfortunately.

kelloggs36

I do not think that is a fair comparison, as the woman that your ex is with will be a working tax payer aswell and if she was expected to pay taxes + child maintenance for your children she would be getting hit twice. (Does she work, you mention fraud do you have proof of this? If so report her to the police.)

Your assumption is also false - are you saying then that a PWCP does not pay tax either then just because they are supporting children that are not theirs? No, of course they do, so your argument fails on this point.