CSA - A Joke!!

donnadoo515

Hi, I wonder if someone can help me.

My partner and his ex split about 8/9 years ago,He has 5 children with her.

8 Years ago she claimed CSA,He was making regular payments as requested to do so..She then decided to move 100 miles away taking the kids with her and also not tell him my partner (the father) when we finally tracked her down she made life almost impossible and tried evert trick in the book to deny him access to see the children.

We have spent about 5 years battling in and out of courts to try and get access,she even went as low as saying that I had the children which of course was all lies (I wish i knew then what I know now about law 'slander') anyway I am going off track a bit here.

My partner was granted access via the courts which eventually she broke by not turning up after my partner had driven the 100 miles to pick them up.

Everything was her way or no way.

We eventually went 3 years without seeing them not through choice.
Befor we had stopped seeing them my partner was still paying the full CSA even though contact was on and off.

half way through the 3 years of not seeing them,he decided to drop his payments (wrongly or rightly) we had a son in 2005 so our financial commitments were stretched.

We understand that he also had other responsibilities but he is not and never was an absent father..he ALWAYS wanted to be involved.

We have not heard from the CSA in all this time regarding any arrears.

to cut this long story slightly short, The kids,the ex and her long term partner have moved back to our City and now only live 5 miles away,Things are good between everyone and we are seeing the kids (now teens) as and when we wish.

Ironically CSA have also been in touch..BUT not directly,but through an Attachment of Earnings????????? How can they go straight to an AOE without informing my partner of his arrears and requesting that he start paying more which he would have done had he have received some form of documentation.

We have seen some of the papers sent to my partners ex and one of them states that we have one of the kids 420 nights of the year???:rotfl:

The first we heard about this AOE was when he opened his payslip the day before he got paid!

Do you know what annoys me the most..neither my partner's ex or her partner work! due to 'stress' (in the whole 9 years) he is very obese and has health problems due to this which is why he cannot work - his disibility benefits are spent on Takeaways :mad:

Their rent is paid by social £600..the kids see £5 a week of all of this money.

to top it off,one of the teens is pregnant and are not even allowed to claim for their own baby as her mum (my partner's ex) has said the she is not allowed to and it must all go to her.
The pregnant teen is not even allowed to have her maternity grant!!

As you can see I am very VERY frustrated I am sure I can go on all day but looking for some advise about what my partner can do (if anything) about CSA

Thanks in advance.

hamstercheeks_2

hi Donna

Know exactly what you are going thru as my partner's ex is causing no end of grief in our lives.

When I met my OH i was livingin a 2 bed mid-terraced and he got his kids every alternate weekend (I already had 2 boys). It was pretty inconvenient given that wehad no room but we bought a blow-up bed and it was a tight squeeze but my OH was overjoyed at spending time with his kids. Long story short - we bought a bigger house and contact ceased (or rather after she got her Lion's share of the settlement from the FMH).

the CSA have now been in contact after obviously her getting in contacting demanding more money because she refuses him access.

He's already squared up a huge legal bill and that includes Child Welfare hearings to get contact up and running. So why should he have to pay more money to her when it is her who is stopping contact,even going against the Sheriff's recommendations after paying such a huge legal bill but the worst part is that he is missing out seeing his children.

As for the slander - you would needto fund this (As i have learnt) and she would get legal aid because she is unemployed

the law stinks in this country and also the CSA. If it is proven beyond all reasonable doubt that it is the mother's doing that contact is stopped and no reason is given then the CSA payments should cease too. you would soon see contact up and running again:mad:

best of luck with your situation but i would challenge the CSA

Loopy_Girl

I'm actually not clear what it is you are asking to be honest?

Your partner stopped paying (as you say, rightly or wrongly), did he actually think that the payments would just 'go away'?

Actually if it was me I would probably think that as well - after 4 years you would kind of breathe a sigh of relief wouldn't you (if I am being totally honest).

The CSA at the moment are having a crack down on arrears and obviously there has been a fair old build up here.
What you need to check is that the assessment is correct. They will not have up to date details (or indeed details current) of your partner's income.

Also the fact have had a baby would make a difference to his liability.

You need to ask for a breakdown of arrears to make sure they are correct. With regards to the DoE, you've practically no chance of getting that lifted until the arrears are cleared.

The daughter that is pregnant - is she over 16 (come to think of it, are any of his kids over 16 and not in education?). Once a child leaves school, CS will only be payable if they are in further education (college and the such).

I'm afraid it looks like the chickens have come home to roost here over his actions 4 years ago. Whilst I can see the frustration of not seeing the kids, stopping the CS wasn't really the way to go.

donnadoo515

Hi Hamstercheeks,Thanks for your reply.I agree totally with you..it's awful.

Loopy Girl,No he or I didn't think that the payments would go away we have never thought that,maybe it was a personal protest,she certinatly did not see anything but £3 a month.

I think you are misunderstanding out intentions,It deffinalty wasn't to 'get out' of making payments but didn't see why he should make payments as an absent father (which is what CSA relate their payments to 'absent fathers' when he has done EVERYTHING in his power to be an involved father) he was no way an absent father through choice.

Whilst we always knew that the CSA would catch up with us A) we did not think it would take this long and why on earth have they gone straight for an AOE,I thought this was last resort? surley they are obliged to make arrangements for arrears before this? - that's what I am asking but thanks for the reply

The daughter that is pregnant is 15 at present but 16 in July (due in August) so will be 16 at birth.

and as for the other question about education thats a bit of a mess at the mo - as they have just moved back they have been out of school for a while but here is the case at the moment.
Child 1 - starting school 28th April
Child 2 - as above
Child 3 - at a special pregnancy school (proper education)
Child 4 - too late to complete last year of school so has to apply to go to college and do GCSE's in sept so at the moment not in education
Child 5 - is 17,Left school bit sposed to be going college sept

mumps

I sympathise with people who aren't seeing their kids, no way should this be but they are still your kids if you see them or not and they need to be fed clothed etc so I can't see any reason not to pay. Tit for tat with the kids being the losers in many cases.

Loopy_Girl

Right, with regards to the pregnant one. As soon as she is 16 she will be able to claim child benefit for her little one which means that her Mum (the ex) CANNOT claim child benefit for her. This applies even if the daughter goes back to college/pregnancy school.

From your point of view that means that there will be one less liability from when she has the baby. (In case you are interested....if she was under 16 when she has the baby then the Mum (ex) would be able to claim CB for both daughter and grandchild which means that your hubby would still be due CS to her).

With regards to the CSA I agree aboutthe timescale - as I say though, they are having a crackdown so it looks like your case (when I say 'your' I obviously mean your hubby) has come to the fore.
As for the obligation, I would assume that the CSA have decided that he broke his part of the agreement by stopping paying so they have no 'obligation' to him.

You must must must get a breakdown of arrears from them though - there's a high chance that the figure will be wrong. As I say, you probably won't get the DoE removed but it will make the arrears figure change so once they are paid off, you can come to an arrangement with the CSA for payment.

Loopy_Girl

donnadoo515 wrote: »

I think you are misunderstanding out intentions,It deffinalty wasn't to 'get out' of making payments but didn't see why he should make payments as an absent father (which is what CSA relate their payments to 'absent fathers' when he has done EVERYTHING in his power to be an involved father) he was no way an absent father through choice.

The CSA actually pursue 'non resident parents', not absent for exactly the reason you have stated. Parents can be non resident but not be absent.

In this case your hubby was 'non resident'.

donnadoo515

Thanks for all the above comments

Does my partner still have to pay CS when 16 year old has child? even though she is likely to still be in this school for young mums.

Mumps, I agree to some extent however when the ex was buying new trainers for herself,smoking,new laptop, 42 inch plasma and is not in employment - makes it a bit of a matter in my eyes but thanks for the comment.x

Loopy_Girl

donnadoo515 wrote: »

Does my partner still have to pay CS when 16 year old has child? even though she is likely to still be in this school for young mums.

No. You can't be a child and claim for your own baby if you see what I mean.

When she has the baby she will be able to claim CB in her own right which means her Mum's (ex) claim stops. She can't claim for her child if her child is claiming for her child (I'm getting dizzy now!!)

I know what you are saying about her still being in school but the main thing with CS is that it is only payable for as long as CB is. Soon as the CB stops (which it should do when daughter claims for her baby) then the liabilty for CS will stop.

Jesus, that's as clear as treacle!! I hope you get what I am meaning!!!:D

Loopy_Girl

donnadoo515 wrote: »

Mumps, I agree to some extent however when the ex was buying new trainers for herself,smoking,new laptop, 42 inch plasma and is not in employment -

so then is probably up to her eyes in it with the Provvie man or the catalogues. Rise above it.

Her lifestyle is irrelvant to you and you don't know what is going on in the house;)

donnadoo515

Loopy_Girl wrote: »

No. You can't be a child and claim for your own baby if you see what I mean.

Ahh, well that's a new one on us then,makes things quite interesting.

Just out of interest,How would her mum (ex) claim for her daughters baby? would it be a caring allowance or something?