Can CSA take NRPP's assets?

JulietAmber_2

Hi
I have 3 children of my own. My partner has 3 children with his ex wife and has just begun paying maintenance for them through the CSA rather than a private arrangement (his ex realised she could tap into my CTC and WTC by doing this - but that's another issue)!
My question is this:
At the moment, we are struggling to make ends meet with the huge increase in his maintenance payments to his ex. He has already missed one payment. They can't enforce a deduction from earnings as he is self-employed. They could go through his bank but he isn't allowed an overdraft facility (he went bankrupt last year) so there wouldn't be any money to take.
We are due to get married in December. I have a house and mortgage in my name and also a small amount of savings in an ISA. I also have a bank account in my name only and the CTC and WTC are paid into that account. I have read horror stories of NRP's having to sell their property to pay arrears and I'm worried that if the worst happens and he ends up with a debt to the CSA, they will come after my house and savings as he is my husband. Could they also take direct from our CTC and WTC even though they are paid into an account that is in my name only?
Any advice?

Didismump

...Oopppssss..this a rotten one....:(
My belief ( as I was recently told at the Solicitors) is that whilst you are NOT married, everything that is YOURS is exactly THAT...and untouchable by the CSA..:)
However..once married 'everything' becomes accessible and takeable to/by the CSA..
(We were due to get married 4 years ago...but cancelled it due to my OH coming out of work through ill health.....I always KNEW there was a reason for our Wedding not happening..and am now so glad we cancelled it...as THAT one piece of paper ( marriage papers) COULD have cost us everything)....

Not meaning to sound negative...but all the time anything in even HIS house is in 'your' name the Bailiffs ( who WILL come if you fail to make payments and it ends up going to Court) cannot touch it...( but you MUST have proof or bills/receipts to show that 'YOU' paid for them or they are 'yours' (or see below..)

I had to go and get a 'Statutory Declaration' done at the Solicitors to say that every possession within the boundaries of our property was/is mine...as I had no bills or receipts any longer as proof.
(Sadly I cannot get the house in my name though..so THAT is another fight to be fought)

But I do now know that when I go to Court on behalf of my OH, and the Bailiffs come round after..that they cannot touch a single removable item...
ONE peace of mind issue I HAVE achieved....:)

Think long & hard...as it is alot to lose when you have worked hard together to keep it....
Is it all worth losing just for the sake of a piece of paper ( sorry to say THAT..but is it??)
Our relationship is just as strong without our Wedding Day..and at least we have some sanity and a roof over our heads..albeit a massive fight going on with the CSA atm..;)
It's ALL do-able...and I REALLY wish you Good Luck...:)

BARGAINHUNTER!

I was under the impression that it is only her exs income that is taken into consideration by the CSA and not yours or your tax credits as they are for you and your children. I would be very interested in the answer to this as my partner is due to move in with me soon and I don't want to have to hand over any of my income to his ex wife via CSA.

shell_542

BARGAINHUNTER! wrote: »

I was under the impression that it is only her exs income that is taken into consideration by the CSA and not yours or your tax credits as they are for you and your children. I would be very interested in the answer to this as my partner is due to move in with me soon and I don't want to have to hand over any of my income to his ex wife via CSA.

If you move in with your partner, tax credits received in the household can be included in the CSA assessment. Normally all Child Tax Credits, and depending on who earns the most, Working Tax Credits can be included too. I say "can" as they are supposed to be included, but sometimes they are not, seems go depend on the person doing the assessment.

Sorry I can't answer the OPs query though.

bdt1

Ok, firstly congratulations on your forthcoming happy event.

As a NRPP, the CSA cannot access your savings, or bank accounts (that are in your sole name), unless they suspect you are money laundering whereby Criminal Compliance would be involved, and they still cannot access your bank. Under no circumstance get your partners name on anything.

With regard to CSA/bailiffs Didi is correct, you may be wise to get a Statutory Declaration. As a NRPP your income on CS2 cannot be taken into account.

It matters not a jot that your partner has been made bankrupt, they can still take monies from his bank account without Court approval, if the money is there,they can take it (an account in sole or joint names). Also bankruptcy is not excluded from CSA Enforcement, so be prepared.

If you truly love this man, my advice is go ahead marry him, but plan ahead, be prepared and please keep at least one step ahead, but be prepared for stress, toil, arguments and the odd glass of wine or too, to calm the CSA horrors - plenty of us on here who know! But please do not put his name on anything except the marriage certificate and council tax!

Others are correct any household CTC or WTC irrespective of who they are paid to will be deemed as his income for CSA purposes, dependent on who is higher earner - watch they trick lots of people with this one!

JulietAmber_2

Hi
Thank you for your reply - it's really helpful. I do love him and we're getting married in December - I don't see why I should let a greedy ex-wife dictate my life!
We've got to just keep strong and get through things together. My new partner has been assessed and although it's going to be hard making these new higher payments - we're going to make sure they're always paid on time and up to date. Our next stop is to try and get legal advice on how he can see his children again - every time he asks to see them, she demands more money for the privilage and when he says he can't afford it - she says 'tough!'
I'm going to get some advice from a solicitor about the Statutory Declaration and everything important like the current account, mortgage, all bills - are in my name only anyway.
Thanks again for your help.
J

shell_542

JulietAmber wrote: »

Hi
Our next stop is to try and get legal advice on how he can see his children again - every time he asks to see them, she demands more money for the privilage and when he says he can't afford it - she says 'tough!'

J

If it ever gets to court, which sounds likely unless she changes her attitude, then they will take very dimly to that. Do you have any evidence in writing of her saying that? Texts/emails?

JulietAmber_2

Yes I do. She also sent me a text saying 'thank Mark for his CSA arrears - just put a downpayment on my new Beamer!' Another saying 'you'll rue the day you let Mark live with you because now I'm going to bleed you dry - I'll take your kids child tax credits and half your house'.
That was why I posted my original question because I was afraid her threat was true. We're planning to sell the house next year after we're married and I she seems to think she's entitled to a part of it.
I don't know if we can afford to go to court - it cost £100 to send a letter to her asking for access and she just ignored it.

shell_542

Your husband can represent himself and it'll be free to send her letters that she'll ignore

I recommend joining Families Need Fathers. Costs £40 for a years subscription and all the info you need on how to apply to the courts and represent yourself on the forums. Also they have McKenzie Friends (I really need to learn how to spell that correctly) who can also help.

alwayspuzzled

JulietAmber wrote: »

Yes I do. She also sent me a text saying 'thank Mark for his CSA arrears - just put a downpayment on my new Beamer!' Another saying 'you'll rue the day you let Mark live with you because now I'm going to bleed you dry - I'll take your kids child tax credits and half your house'.
That was why I posted my original question because I was afraid her threat was true. We're planning to sell the house next year after we're married and I she seems to think she's entitled to a part of it.
I don't know if we can afford to go to court - it cost £100 to send a letter to her asking for access and she just ignored it.

thats sounds so familiar - my oh's pwc thinks the fact he moved into a house I already owned means shes somehow entitled to the proceeds, mind she also told us shes going to get my tesco clubcard points investigated :rotfl:

JulietAmber_2

Thanks Shell - my partner is going to look into that today.
Alwayspuzzled - aren't ex's wonderful!!! Last year my partner's mum died and he received a small inheritance which he used to take me on holiday (and gave some to his kids I might add). You have never in your life seen such bitterness from a woman - claiming that he never took HER on holiday blah blah blah. It used to upset me so much, all the little snidey comments aimed at trying to come between me and my partner - she knows nothing about my life and in fact it was my first time abroad (I'm 39!!) When I met my partner, I welcomed his kids into my home, thinking I was doing the right thing being nice to her - even taking her kids shopping to get her birthday presents!!! How wrong I was!
I'm now aiming to get a better paid job and lower our tax credits so she can't get her grubby mits on them and the only thing that makes me sad is the fact that my partner's kids were so happy with us, we were building a family and now, just so that she can spitefully have more money - we don't see them at all.