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Could I get at least £5?

BatOutOfUll
BatOutOfUll Posts: 85 Forumite
edited 3 November 2009 at 3:35PM in Child support
After 4 years of the ex promising my boys every Christmas and Birthdays that he WILL put £100 in their bank accounts

And every year seeing their faces when they realise all they have is the £5 he opened their accounts with, has prompted me to apply to the CSA for payment

I figured that £5 week x 52 = £260 over the year to be divided between 2 boys = £130

Sound fair?

He wont pay it voluntary so it has to be the CSA, while I was on IS they tried to get it off him but as he was in prison he got a 'nill assesment' even though his new wife is/was on £30K a year.

He's on DLA now and will never work again, he's a 'kept' man and loving it.

As he left in 2005 does it get backdated to then or to my new claim?
He was in prison 2006 to 2008 so that's two years he was exempt.

Will his wife's wage come into it or will he just pay the min of £5 a week?

I dont want to go down this route, but it's the only way those kids will ever see a Christmas pressie off him, he didn't contribute to the household when he lived with us so he wont do it now unless forced.

Seems unfair she earns so much and yet he only has to find a fiver which he's !!!!!ing about!

Just really want to know how long it takes? Will it be this side of Christmas I see any money or is it long wait? Bearing in mind CB takes around 12 weeks these days
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Comments

  • Kimitatsu
    Kimitatsu Posts: 3,885 Forumite
    1,000 Posts Combo Breaker
    If he is only on DLA then this is disregarded by the CSA as income - if he is on any other form of means tested benefit as well such as income support then the flat rate will apply at £5 per week.

    His wife's income is not taken into account for a new claim after March 2003, and the amount will be due from the time you make a claim - so if you have a pre-exisiting claim that you have not used then you can backdate it, if not then it will be due from the time you make the claim.

    I know its not fair but unfortunatley that is the law :rolleyes:
    Free/impartial debt advice: Consumer Credit Counselling Service (CCCS) | National Debtline | Find your local CAB
  • tek-monkey
    tek-monkey Posts: 1,434 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Its hardly fair to expect the new partner to pay, surely? By all means go after him, but not her. Your children are not hers, they are yours.
  • tek-monkey wrote: »
    Its hardly fair to expect the new partner to pay, surely? By all means go after him, but not her. Your children are not hers, they are yours.


    I wouldn't, just saying it hardly seems fair they get holidays etc and him a kept man while I cant even get CB or TC for my son as 'Daddy' wont reply to their letters, so I'm bringing up two kids on ONE lot of CB and WTC and struggling to make ends meet, while that pair live thte life of riley and contest the £5 a week!

    My non-resident partner is on DLA and has to pay £5 for his kids even though his ex is on £40K a year and he has them every weekend and school holidays

    My ex has no kids at home now and turfed my son out once the TC for him stopped.......
  • shell_542
    shell_542 Posts: 1,333 Forumite
    while I cant even get CB or TC for my son as 'Daddy' wont reply to their letters, so I'm bringing up two kids on ONE lot of CB and WTC and struggling to make ends meet, while that pair live thte life of riley and contest the £5 a week!

    Why can you not claim CB and TC because he isn't replying to letters? Many other PWCs claim CB and TCs for their children with no problems.

    With tax credits they just need their name, DOB etc etc to be added to your existing claim. :confused:
    August GC 10th - 10th : £200 / £70.61
    NSD : 2/8
  • maggied_2
    maggied_2 Posts: 781 Forumite
    I'm a bit confused about your situation - how old are your children? Why are you only getting one lot of CB? Sorry if I'm being dense.

    I think you need to let go of your resentment for your ex - as has been said before it's not his partner's responsibility to provide for your children (although if they have them to stay I take it she'll be paying for the mortgage / bills / etc so is providing for them in her own way - as most NRPPs do). Not paying the £5 a week is a disgrace though, and I don't blame you for being angry about that.

    I'm not having a go - look at it this way - she's stuck with the !!!! now! ;)
  • tek-monkey
    tek-monkey Posts: 1,434 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    So your ex had custody of your son til the TC stopped? How long ago was that?

    Just because his new partner is loaded, does not make it her responsibilty. However if your partner pays and they are on DLA, I can't see why your ex wont have to?
  • tek-monkey
    tek-monkey Posts: 1,434 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    maggied wrote: »
    I'm not having a go - look at it this way - she's stuck with the !!!! now! ;)

    Lol, best way to think about it!
  • shell_542
    shell_542 Posts: 1,333 Forumite
    Ah, is that what it meant, your ex still gets the CB and TCs for the child as he was living with him but wont sign the forms to get them transferred over?

    In that case, you wont be entitled to Child Support through the CSA for one child I don't think as it is paid to the parent receiving CB for the child.

    Sorry. That must be extremely frustrating! I hope you get it sorted out. What channels have you gone through to get the CB and TCs changed over?
    August GC 10th - 10th : £200 / £70.61
    NSD : 2/8
  • Sorry I'll try again.........

    My son lived with his Dad until August this year. CB and TC stopped on August 31st as my son is out of school as from June so wifey asked him to leave as she wasn't getting any money for him and he's not hers

    But he came back here and registered with Connexions and E2E so I should get CB and TC until he's 19 or 20 as he's registered as 'looking for/getting training'

    We NEED a CB number to get TC to get his EMA

    (with me so far?)

    I already had ONE child live with me, my eldest went to live with his dad when he turned 16 (his choice)

    My ex has to write back to CB and say that my eldest does NOT live live with him and WHAT date he moved out, but because this means I might get money he refuses point blank to do this....

    So I decided that in the interim (it could take months) I may as well try and get the fiver. In the past I couldn't as he was in prison and got a 'nil assesment' prior to his imprisonment I just couldn't trace him and as I worked and had a very good wage I did't NEED any cash.

    Since being on IS and then getting a job on Min Wage I now get a lot less but have gained a son back who needs feeding etc, he turned up in what he stood up in and all his belongings are back at his Dad's and we've no means or hope of getting them back. But at the same time we get the 'At Christmas I'll put X ammount in your bank account'

    The eldest now knows this is cow excrement - unfortunately the youngest hasn't seen through him or wonder why in 4 years he only saw him twice.

    I just thought that if I save the fiver over a year it may keep them happy and will go towards uniform for school (youngest) and clothes (eldest) no more than that.........
  • daska
    daska Posts: 6,212 Forumite
    Part of the Furniture Combo Breaker
    Have you actually applied for CB? AFAIK If he doesn't respond they will carry on paying it to him for 8(?) weeks but after that they should be able to transfer it to you.
    Eat food. Not too much. Mostly plants - Michael Pollan
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