CS1: NRP switching roles with NRPP - CSA repercussions?

Wasteland_Drifter

I have been signing JSA several months now but previously paid 30% CSA for 2 children from a previous relationship. There are no arrears, everything paid up when I was made redundant.

My gf is still working and is jobsafe for the moment. We are expecting our first baby later this year and my gf has suggested I move in to her house and become a stay at home dad and look after baby while she goes back to work and claim maternity. (£171 a week for 6 weeks then 26 weeks at £117).

I will lose my JSA because we will live together and have no personal income or benefits (except CB). Will the CSA punish me in some way for not going back to work or claiming beneifts? I hear the CSA can construe this as 'deprivation of income' and create an artificial debt and make me (or my gf as she is the sole income earner) liable to pay it.

marksoton

The CSA can't but your ex may try. Your girlfriend will never be liable for payments, as it's not her child.

Have you considered trying to get your ex to accept a private agreement ? Albeit at a reduced rate because you are not working.

As you are not currently working i think they would find it hard to claim depravation of income !

Soubrette

I have a friend with three children who was on CSA1, her ex-husband was paying £50 a week and then decided to become a househusband. She now gets nothing and has not done for about 4-5 years.

I assume it can therefore be done with no legal liability for payment.

Sou

articfoxy78

im a NRPP and we have now switched roles as NRP was working but was off work sick through depression and knee problems during the last year we have made minimal payments to CSA due to our finances i have now found my perfect job(i started 4/4/09) and got it and he is a stay at home father for our 2 children CSA cant touch my income but do claim that the WTC (which u should apply for ) is part of his income and will be looking into our CTC (which u should claim for asap after baby is born) they cant touch ur CB as our WTC is under £100 then we only pay at mo £5 per week as soon as i start earning propperly and we pay off some of our debt accrued during the last year(while he was off work on sick pay) we might pay some more but it is up to me as its my wages(NRPP)

Wasteland_Drifter

Thanks for all your replies, very helpful.

marksoton wrote: »

The CSA can't but your ex may try. Your girlfriend will never be liable for payments, as it's not her child.

That is our thinking as well, I wanted to know if the CSA is capable of making her indirectly liable by placing a liability on me.

marksoton wrote: »

Have you considered trying to get your ex to accept a private agreement ?

Unfortunately no, we are not on amicable terms and she even disobeys a contact order by deterring the children from contacting me.

marksoton wrote: »

Albeit at a reduced rate because you are not working.

I have looked into this, but gf is understanderbly very adverse to this idea because I will have no income when JSA finishes. While I have been paying 30% (the maximum) my ex has lived rent free in a house owned by me and refused to sign a tenancy agreement. I feel I have been paying maintenance twice.

Wasteland_Drifter

Soubrette wrote: »

She now gets nothing and has not done for about 4-5 years.

I assume it can therefore be done with no legal liability for payment.

Sou

I know it sounds awful not paying, but the CSA refused to accept a rent free house as child support and I couldn't claim HB without a tenancy agreement. This is why I feel I have been paying twice.

My ex doesn't know it yet but the house she lives in was sold at auction to an investor with ex as sitting tenant, but the investor is contractually bound to allow my children to freely live there until the youngest leaves full time education or ex vacates it voluntarily. I need the capital to buy a larger house with gf and a newborn is expensive. I have to guarantee a roof over my children if ex fails to pay the rent to the investor or refuses to sign a tenancy agreement.

I hoped to come to something more reasonable with the CSA but my efforts were in vain. The CSA didnt want to listen, they were just so awkward and difficult to deal with and constantly hiding behind protocols. We hired a solicitor who came up with an alternative plan to auction the house and buy a new one. The only casualty is my JSA when the capital is released.

Wasteland_Drifter

articfoxy78 wrote: »

i have now found my perfect job(i started 4/4/09) and got it and he is a stay at home father for our 2 children CSA cant touch my income but do claim that the WTC (which u should apply for ) is part of his income and will be looking into our CTC (which u should claim for asap after baby is born) they cant touch ur CB as our WTC is under £100

I have to admit I am a bit nervous of being a stay at home dad, in a strange way I am kinda excited.

I havn't yet explored what benefits are available, but it sounds whats given with one hand is taken by the other.

Wasteland_Drifter

Does anyone have any experience of, or point me to the CSA rules that:

1. Determine what is 'diversion of income'

2. Any rules that set income thresholds before liability kicks in?

3. If I return to work or receive an income, can I migrate to new CS2 rules? and get future maintenance reduced to 20% for 2 children?

Thinking aloud into the future, I am looking into the possibility of doing some PA work for gf, simple stuff, such as writing letters and phoning clients from home etc. I need to know if this is classed as diverting income and whether I am allowed an income at all.

marksoton

Wasteland_Drifter wrote: »

Unfortunately no, we are not on amicable terms and she even disobeys a contact order by deterring the children from contacting me.

Well soon she will be reaping what she has sowed.

bdt1

Be cautious, my hubs (NRP) went part-time when we had our beautiful baby, he stayed at home part-time, helped with house, and child-care part-time, this is when we ran into big CSA problems. The PWC kept accusing us of lifestyle inconsistent with declared earnings, kept hanging around our home taking pictures, writing nasty letters to myself and my mother-in-law etc etc. She eventually lost a Tribunal appeal she lodges on the grounds of lifestyle inconsistent with earnings, but then convinced Criminal Compliance to investigate us, they made big mistakes, which we have proven are mistakes but the 34k arrears they say we owe, but have proven we don't is still being enforced pending a Tribunal.

What I'm saying is, if PWC believes you are role reversing to cease paying child support, then if she is as bitter as my hubs ex, she may go hell for leather down same route as our PWC did/is

silvercar

My ex doesn't know it yet but the house she lives in was sold at auction to an investor with ex as sitting tenant, but the investor is contractually bound to allow my children to freely live there until the youngest leaves full time education or ex vacates it voluntarily. I need the capital to buy a larger house with gf and a newborn is expensive. I have to guarantee a roof over my children if ex fails to pay the rent to the investor or refuses to sign a tenancy agreement.

Wow!

I'd love to know how that is going to work.

Most likely outcome is that your ex refuses to pay rent as she hasn't done so so far, so considers herself a sitting tenant paying no rent. With legal advice she won't sign a tenancy agreement as that just limits her existing rights. So your investor now owns a property that he can reap no benefit from. Once your youngest leaves education the ex will have been there long enough to continue as a sitting tenant. I can't see any gain for the investor - hope your sale contract stands up to scrutiny.