CSA help

Black_Widow_2

Can anyone offer advice. I have several questions.

My partner seperated from his ex-wife in 2002. They divorced in 2003, part of the divorce settlement was that she got 90% of the equity from the sale of the property, and that she could not claim maintenence for herself.

He has been paying for his 3 children through the CSA since they seperated.

We have found out that part of this payment is a carers allowance for his ex-wife, can she claim this with the condition of the divorce settlement stating that she cannot claim maintenance.

We have also found out that he can claim for the costs to visit the children. When his ex-wife received the money from the sale of the property she disppeared. We found her 3 months later living 120 miles away. My partner makes the trips every fortnight to poick his children up to come visiting and take them back home. We did make enquires when he first started to make the journeys to be told no he could not claim anything for contact with the children.

We have also found out that he can claim for journeys to work, the journey is 65 miles each way.

We have sent 6 letters and completed forms for the last 2 years or more, requesting that this is looked into and backdated to 2002. The CSA seem to be disregarding the letters and forms. They either saythey have not received them, lost them or do not answer the question at all in their reply.

Is there anything we can do.

We have also been advised that with me working that part of my wages will be taken into account in his payments to his ex-wife, can thay do this.

The CSA wont take the mortgage into account with his excempt income because the mortgage in in my name. He isnt allowed any costs towards the house either. All they are allowing as excempt income is £152.00 per month.

If I am only working to make ends meet.

Honest_broker07

Are you sending letters recorded delivery if not send another recorded, give them a month to reply.
Then send another letter but with a copy to your MP and include copies of previous letters

Blue_Horizon

BW - I are you on CSA1 (old rules) or CSA 2?

I've not heard of a carer's allowance, how is being claimed? Is his ex claiming this directly from your H? Is it part of the divorce settlement?

You can claim a CSA variation for travel, although there are rules. Have you looked at the CSA site to clarify? There should be other on this board that can respond; you might want to put as a separate post.

Any claim for travel to work will need to be done via HMRC.

Regarding your income, I think the CSA can take this into account under CSA 1 but not under CSA 2. But then, if CSA 1 they will need to take the mortgage costs into account.

Black_Widow_2

Hi

Sorry I haven't been on here, family emergency.

He is under the old rules.

The carers allowance is down as a seperate amount and the CSA have advised that this is for her.

We have been sending the forms and letters by recorded delivery. They confirm that they have received the letter and then it gets lost. One letter went via their website, I received confirmation that this had been sent, they advised they had not received it.

We have requested a variation for the travel, but they keep either disregarding the letter or saying they have not received it. I am in the process of putting another letter together requesting that this is taken into account. We have requested that this is back dated.

We have spoken to the CSA they advised that my wages would possibly increase my partners payment, and that the mortgage will not be taken into account because it is in my name.

dimbo61

I think you need to move to a bigger home for yourself and OH and his kids.
This will mean a joint mortgage which the CSA have to take into account when working out CSA for your OH.
Careers allowance will last until youngest is 16 and YOU have to write in to tell them when child is 16 and ask for CA to be removed

Black_Widow_2

If my partner was put on my mortgage would the CSA take it into account then, he is on the old CSA rules.

PlayingHardball

Dimbo, so what you are suggesting to the OP is to find ways out of supporting her partners child?

And OP, if your partner isn't even on your mortgage and is living with you in your house, why should the CSA give him an allowance for mortgage living costs, when there clearly arn't any?

As long as you have proof that the CSA received your post (recorded delivery, or acknowledged emails) you will be fine. I think the only thing you can do in this circumstances is ensure your partner applies for the reduction based on his travelling costs to visit his child. If he has already done this, they will have to back date it to the time you requested this. If all else fails and you still get nowhere, write to your MP and get their support.

kelloggs36

They should be giving him the full housing costs as exempt income, even if the house is yours, so you need to push for that.Carer's allowance is not spousal maintenance, it is just extra as it reflects the higher costs of bringing up younger children as they are unable to look after themselves, it costs more to pay for childcare etc, or the PWC has to give up earning potential to look after the children, so the maintenance is higher .

Black_Widow_2

In reply to PlayingHardball my partners ex-wife does not work, all her children are above13years of age. He agrees that he should be supporting his children but not to £700 per month.

The CSA are only allowing him £152 per month, which isn't enough to live on. I am having to work 49 hours per week to pay the bills on the house, which I do not think is fair.

PlayingHardball

Black_Widow wrote: »

In reply to PlayingHardball my partners ex-wife does not work, all her children are above13years of age. He agrees that he should be supporting his children but not to £700 per month.

The CSA are only allowing him £152 per month, which isn't enough to live on. I am having to work 49 hours per week to pay the bills on the house, which I do not think is fair.

I agree, the above is not fair. I take it the ex-wife is on income support if she doesn't work? This is where the system is so wrong. Why shouldn't someone with children old enough to fend for themselves not feel the need to be a productive part of society, rather than sponge off the rest of us. The OP agrees that her partner should be supporting his kids, but so should his ex-wife! This makes my blood boil. It happens ALOT. OP I hope you can get it sorted with a monthly payment easier to manage.

So here is a non working parent getting £700 per month in child support and not having to claim that as income for income support purposes! Thats ridiculous.

Why on earth can't this government make things fair? How about a graded benefits system according to the ages of the children and the ability of the claimant to work?? I'm all for helping those in society that need help, but we are far too generous in our country!

kelloggs36

What are your housing costs? I assume you have sent them off as part of the assessment process? What reasons did they give for not allowing them? Do you have other children in your household? If not, then they may have restricted them housing costs to half the NRP's net income.