CSA and child living with another relative

Loobysaver

My partner has 3 children who live with their Mum, he pays maintenance for them through the CSA.

His ex is moving away and one of the children is staying behind and will be living with his Auntie.

Does anyone know what happens re:CSA payments? His ex is still going to be claiming the Child benefit. Does my partner still carry on with the CSA payments as before or does he need to contact them to arrange some sort of payment to the Auntie for 1 child and his ex for the other 2?

Any advice would be great

Thanks

jen_br

I would contact CSA as technically that money should go to auntie.

Soubrette

The CSA will assume that the children are with whomever is claiming child benefit.

The mother is only entitled to claim in certain circumstances http://www.direct.gov.uk/en/MoneyTaxAndBenefits/TaxCreditsandChildBenefit/Childbenefits/ChildBenefitandwhoqualifies/DG_173535 otherwise it's the aunt that is entitled to the benefit.

Sou

Loobysaver

I'm not quite sure what sort of arrangements my partners ex has made with the aunt as of yet but she will have to pay something to the aunt i would assume unless the aunt is too kind for her own good!

So if my partner has to split maintenance between his ex and this auntie, will he still end up paying the same amount overall or will it change do you think?

DX2

Ideally the pwc should cease to claim CB and csa, then the aunt put's in a claim for CB and csa. The aunt should also be claiming CTC.

kelloggs36

The aunt should be claiming child benefit for that child and can then choose to claim maintenance from both parents! However, there is no compulsion to do so. In addition, it certainly used to be the case (don't know if it has changed at all) that if aunty said that mother paid over the equivalent of child benefit to her, then there would be no fraud involved!!! In any case, it isn't compulsory that aunty gets child benefit to be able to claim maintenance, but it is much more difficult to do if she doesn't.

Donedoingdebt

Loobysaver wrote: »

So if my partner has to split maintenance between his ex and this auntie, will he still end up paying the same amount overall or will it change do you think?

Assuming he's on CS2 rules, he should continue to pay 25% of his net pay, minus any allowances for overnight stays.

His ex should then receive 2/3 of this payment & the Aunt, 1/3.

If he's on old CS1 rules, then that's a bit more complicated, but the payment should remain the same as it is now, unless his wage has changed, as it is based on his income minus housing costs & personal allowance etc.

DX2

Something you might want to do is inform the csa of this situation. Make sure there is a note of this on your file. Just so nothing can come back and bite your partner in the rear end.

kelloggs36

why would the current pwc still receive any money if the aunt claimed?????

DX2

kelloggs36 wrote: »

why would the current pwc still receive any money if the aunt claimed?????

Three kids 2 staying with mum 1 staying with aunt.

Loobysaver

Well we've since found out that there is an arrangement in place between aunt and the Mum now where she pays £100 a month to the aunt.

Don't know whether we need to contact CSA and let them know or not really.