court order payments

emlou2009

my partner currently makes payments to the CSA under the old scheme, but because he was unemployed for around a year a couple of years ago he has a court order on his earnings for arrears leaving him with only £670 in take home pay! i have just started on maternity leave and i have claimed maternity allowance, just waiting for the paperwork to come through and confirm that the claim is successful. i have read somewhere that if someone is paying the CSA and their partner claims MA then the CSA payments should be reduced to £5 a week, is this correct even in the case of arrears payment? and if so how long can we expect them to take to sort this out? i really hope some kind of adjustment can be made as at the moment we only have £100 a month for food to feed both of us and soon a baby too!!

curlytop12

I hope thats not right,he has responsibility to his child,that doesn't lessen because he's chosen to bring another one into the world.
didn't you discuss finances together before deciding to get pregnant?

LizzieS_2

As far as I know, only a reduction to his income can change the amount payable for the arrears, after all the arrears collection was only based on his earnings.

emlou2009

gem68 wrote: »

I hope thats not right,he has responsibility to his child,that doesn't lessen because he's chosen to bring another one into the world.
didn't you discuss finances together before deciding to get pregnant?

actually sometimes life isnt as easy as discussing things before they happen, i'm sorry that you dont approve of our situation! i agree that he has responsibility to his firstborn but now he also has responsibility to another, and that includes paying rent, paying bills and feeding his family. life doesnt end when a relationship ends! i simply asked a question to see if someone knew the factual answer because i'm trying to work out how on earth we can manage our finances, i didnt ask for a lecture

Sharree

emlou2009 wrote: »

actually sometimes life isnt as easy as discussing things before they happen, i'm sorry that you dont approve of our situation! i agree that he has responsibility to his firstborn but now he also has responsibility to another, and that includes paying rent, paying bills and feeding his family. life doesnt end when a relationship ends! i simply asked a question to see if someone knew the factual answer because i'm trying to work out how on earth we can manage our finances, i didnt ask for a lecture

Good for you girl... I agree with you whole heartedly... some people only see in black and white and dont believe in gray areas... sorry I cant give you an answer to your question but had to comment as i feel some peoples attitude stinks. Why should you not have a child with someone you love just because a first child takes presidence... grrr

highlandgurl

gem68 wrote: »

I hope thats not right,he has responsibility to his child,that doesn't lessen because he's chosen to bring another one into the world.
didn't you discuss finances together before deciding to get pregnant?

- That is a very unhelpful post and not really relevant at all. Baby is on it's way so no point questioning the reasons behind it now.

Sorry I cant offer much help but i have never heard of the reduction in CSA payments if partner is getting maternity allowance. Maybe someone else can give you a definite answer though. You should get some reduction in the current maintenance payments (though probably not the arrears payments) once the new baby is born. Good luck.

curlytop12

sorry didnt mean to be rude.just hit a nerve.am sure someone on here will be able to advise.

emlou2009

thank you, looks like we'll have the pleasure(!) of giving them a ring to find out! i'll let you know what happens, it might help others either way.

marksoton

It will make no difference to his payments i am afraid.

dimbo61

As your partner is on the old CSA1 rules they can and will take into account your income to asses how much he can afford to pay.
You should have a protected income to maintain himself and you and the new baby so contact the CSA asap and ask for a reassesment.
A new baby will also mean that he should !!!! go onto CSA2 BUT who knows how the csa really works and he will still owe the arrers.
GOOD LUCK to you and the baby and your partner
Starting a family is stressful enough without the nightmare that is the CSA !

N71

dimbo61 wrote: »

A new baby will also mean that he should !!!! go onto CSA2 BUT who knows how the csa really works and he will still owe the arrers.
!

Not true - The new baby would only make the old case go to CS2, if the new mum (NRPP) opened a case against him for that new baby.