CS1: NRP switching roles with NRPP - CSA repercussions?

Soubrette

Wasteland_Drifter wrote: »

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.

Hey, you don't have to justify yourself to me - all of our stories are very different on here and there are PWCs and NRPs who have found the CSA to be a very difficult agency to deal with, in particular when ex-partners do not want to be honest.

The only thing that really matters is that you can look your older children in the eye and swear you did the best you could by them, and have them believe you.

Good luck with it all

Sou

kelloggs36

Why have you allowed your ex to live rent free in your house? The CSA legislation does not allow for housing to be classed as child maintenance. If it was a court order, then by applying to the CSA at least 14 months after that order, the order will be revoked, hence you can start charging rent again and then giving her back the money as child support!! everyone's a winner!

kelloggs36

If it wasn't a court order then you should get her evicted on the grounds that she has failed to sign a tenancy agreement - what were the terms of the agreement?

Wasteland_Drifter

silvercar wrote: »

Wow!

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

Simple, property investors know house prices rise over 300% in the 7-12 years immediately following a recession. 1958, 1974, 1985, 1993 and now 2008 and the rent is only a bonus.

I cant get a mortgage so buying for cash is the only way.

Wasteland_Drifter

Soubrette wrote: »

The only thing that really matters is that you can look your older children in the eye and swear you did the best you could by them, and have them believe you.

I am hoping they will choose to live with me. Currently they live a minimal life with little intellectual stimulation.

Wasteland_Drifter

kelloggs36 wrote: »

Why have you allowed your ex to live rent free in your house?

I was accused of sexual assault. Case was dismissed but not before civil proceedings preventing me returning home.

kelloggs36 wrote: »

The CSA legislation does not allow for housing to be classed as child maintenance.

The CSA said the same.

kelloggs36 wrote: »

If it was a court order, then by applying to the CSA at least 14 months after that order, the order will be revoked,

The civil proceedings awarded an occupation order but that's long expired, a solicitor back then advised not defending an occupation order but I was able to get a property transfer order thrown out. I contended to the Judge that I am being penalised because the occupation order attracts a child maintenance liability and forfeit child tax credits, and a property transfer would mean I am paying the parent-child separation penalty twice. My argument was accepted and case was dismissed.

kelloggs36 wrote: »

hence you can start charging rent again and then giving her back the money as child support!! everyone's a winner!

That was the initial plan, but without a tenancy agreement, housing benefit didnt want to know.

Wasteland_Drifter

kelloggs36 wrote: »

If it wasn't a court order then you should get her evicted on the grounds that she has failed to sign a tenancy agreement

I dont know any parent with an iota of sanity would go before a judge asking for an eviction order forcing their own children out of a home without having an alternative property to rehouse them.

kelloggs36 wrote: »

- what were the terms of the agreement?

There was never any agreement.

kelloggs36

Maybe, but letting her live rent free was not the only option - surely you could have asked for something?

Wasteland_Drifter

bdt1 wrote: »

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

This rings alarm bells with me, and its precisely what we are trying to avoid. Does anyone know the CSA legislation that defines inconsistent lifestyle? does it have to be a fact or is it an opinion of a civil servant? I need to get some idea on how a subsequent tribunal would see it.

I am an ex-MFI lorry driver and my gf is a Fund Manager earning £160,000 a year. Our lifestyle is consistent with earnings and there is no criminal element involved, but our concern the CSA may infer something from it - and drum up some rule that could indirectly make my gf pay CSA. She is already taxed to the hilt and faces a further blow in the latest budget.

My ex wont know the house has been sold until a signatureless tenancy contract from her new landlord lands on the doormat. The letter will tell her to contact housing benefit and the proverbial fecal matter will hit the fan, and we need to be ready.

silvercar

Wasteland_Drifter wrote: »

Simple, property investors know house prices rise over 300% in the 7-12 years immediately following a recession. 1958, 1974, 1985, 1993 and now 2008 and the rent is only a bonus.

So an idiot of an investor is prepared to have his money tied up for years, get no rent and wait til your ex decides to give up her rent free house! Takes all sorts, his plan will come undone if your ex stays put and lives to 100.

Not your problem I know.