Csa

abi3wine

Hi

My partners ex wife has just filed a claim through the csa, surprise to us as my partner already pays her maintenance and we also have his 2 children about three times a week and more through hols etc. They are amicable so unsure why this has happened. He also pays a mortgage in full for a house they both own, how can this affect things??

CSA_Help

He can't pay CSA & a mortgage What more does she want .I would maybe put that to her .

abi3wine

Don't think she's listening now, he's always been reasonable, will the csa take into account that he's paying a joint bill?? It's for his ex mother in law - it's complicated!

missmontana

How does he pay the maintenance, and how is it worked out what he pays?

borders_dude

abi3wine wrote: »

Hi

My partners ex wife has just filed a claim through the csa, surprise to us as my partner already pays her maintenance and we also have his 2 children about three times a week and more through hols etc. They are amicable so unsure why this has happened. He also pays a mortgage in full for a house they both own, how can this affect things??

Just think yourself lucky your case will be under new rules.

For those of us under old rules things are a lot more complicated to work out.

Make use of the calculator on the CSA website (www.csa.gov.uk) which will give you a calculation of how much maintance will be payable.

alwayspuzzled

As I understand it if its the new rules (CSA2) which it will be if the case is just opened they will not take any bill payments into account. The amount due will be 25% of his net wages and you will get a reduction if you have any other children in your household and also for the amount of overnights he has.

Caz3121

alwayspuzzled wrote: »

As I understand it if its the new rules (CSA2) which it will be if the case is just opened they will not take any bill payments into account. The amount due will be 25% of his net wages and you will get a reduction if you have any other children in your household and also for the amount of overnights he has.

25% is for 3 or more children - it is 20% for 2

chall1964

This link may help http://www.csa.gov.uk/en/PDF/leaflets/new/CSL303.pdf pg 28/29

missbunbury

The mortgage payments will only be taken into consideration if they are for the house where the PWC lives. If so, you will need to apply for a variation once the initial calculation has been done - if the house is still in his name the variation will be on the grounds of prior debts. If the house is being lived in by someone else, my advice is that he should get his name off the mortgage ASAP, as he is legally liable to pay it and the CSA won't be interested at all. What's the bill for the former m-i-l? If it's the same mortgage, there's no chance they'll take it into consideration - I would suggest he sits down with ex and ex-m-i-l and explains to them that if he's going to have to start paying maintenance, he's going to have to start charging fair rent for the house - they can't have their cake and eat it! If the 'bill' is something else, again, there's no chance they'll look at it, it's between him and his ex-m-i-l and has no bearing on child support.

Donedoingdebt

He is only liable to the CSA for 20% of his net pay for 2 children minus an allowance of one seventh off the assessment figure for each night the children stay overnight with him up to a maximum of 3 nights per week (156 days per year).

Him paying the mortgage on the former marital home will have no bearing on the CSA calculation & is of no interest to them.

It's easy to say stop paying towards that mortgage if you can't afford that & the new CSA payments. However, he will then get into arrears with his mortgage lender & all the problems that will bring.

abi3wine

missbunbury, liked your response! Yes it is complicated. In response to:
I would suggest he sits down with ex and ex-m-i-l and explains to them that if he's going to have to start paying maintenance, he's going to have to start charging fair rent for the house - they can't have their cake and eat it! If the 'bill' is something else, - Not feasible now, sat down with them and sis and others on numerous occasions to come to arrangements but falls on deaf ears. The ex m-i-l lives in a house that they (him and ex) bought together for her, money was paid to him, and she was to live there for future, no rent, until such time that she couldn't live there, money was then to be paid to siblings for inheritence. Only now since split does anyone have a prob! He owes them cash cos they've decided to cancel agreement, no funds in house, she's still in the house and now can't talk to ex as she went to the csa behind his back! He has kids 3/2 times in the week, hols, extra, when she's ill (often!). Also buys stuff and uniforms as well as paying direct to her!