Witholding CSA

krisroe

Hi all,

My ex partner and I have always maintained a semi-civil relationship but recently it's taken a turn for the worse. She has been texting me the night before she's either due to collect or drop off the kids and changing the times I have them. Due to this I have had to take 4 days unpaid off of work in one month which is serioulsy going to affect how much rent I can afford to pay. I am thinking of witholding the amount of CSA in relation to the amount I have lost through earnings to make up for this as I simply wion't be able to afford the rent if she keeps doing this.

How many months csa can you withold before they start tking from your paycheck and am I within my legal rights to do this?

Regards.

DX2

T!t for tat arguements don't work, you will make things worse by doing something like this. Discuss things with your ex and remain civil.

shell_542

Withholding won't solve anything as you'll still owe it, you'll just end up with arrears.

I agree with DX2, you need to try and discuss it with your ex and explain you can't take anymore time off of work.

elaina79

Do you work regular hours or do shift work?

JulietAmber_2

I agree - she can't have it both ways. You work to be able to provide maintenance and she receives maintenance because she is responsible for the day to day lives of the children. Don't stop paying - the CSA won't accept it unless you put in a 'change of circumstances' and be reassessed and you'll end up with arrears and a whole load of hassle.

skibadee

Don't stop CSA payments as you will then be in arrears and this will only cause you more problems.
I completely understand where your coming from though.......the PWC is being very unfair to you and to your children.
You could try ringing the CSA and explaining you will have reduced income this month [ they will no doubt want proof ] and that you will be struggling to meet yr rent payments due to said circumstances......wether it will make any difference to your maintenance payments......probably not knowing them!!
Do try talking to your ex [ not easy in some situations I know ].

krisroe

I understand it may come across as t it for tat but it's really not. She phoned me a week ago saying she's got an operation the next day so I have to have the kids for two days. I took two days off unpaid to do so, a few days later she said she had to go back the following day for another operation. I said I literally couldn't take more time off at the drop of a hat but was offering her alternate solutions (brother sister babysitting etc). She threatened to just drop them off at my work, I didn't udge and I heard no more of it. I had the kids my normal 3 days this week, they were due to go back this morning as I have work, I get a text last night at 10pm saying shes just found out shes going for the operation she missed saturday in the morning so i have to have two days off again. She's refused to pick them up.
The reason I want to withold CSA is literally due to the fact I won't be able to afford to pay my rent if I pay CSA and all my other bills.

p9cbs

I don't know about the CSa1 system, but if you are on CSA2, I was told if I earn less money over a period of 2 months, I could send the CSA my payslips and they will reassess at my reduced rate of income. You could try this.

AnxiousMum

So she didn't show for an operation on Saturday mornng, and then received info last night at 10 pm to say she had to go in the next mornng for the op - holy cow - what area of the NHS is she using to get that kind of service? Calls at 10 pm, quick appointment when you've just missed one...... Personally, when she refused to pick them up from you, I would've been filing for custody of the kids.

Kimitatsu

If she has refused to pick them up can you not make alternative arrangements? You mentioned that you have relatives able to help.

I dont know the ages of the children so its difficult to see if they are at school etc, but she cannot object if you get someone else to help out so you can go to work.

Dont withold your CSA because it will mean that you build up arears and the CSA can take up to 40% of your income without reference to you via your employer if they so choose.

You need to speak to your ex and ensure that she is aware that she cannot keep doing this, but play the long game. For whateer reason she is playing games at the moment, you need to keep a level head so that you maintain the relationship with your children. As AnxiousMum has said if you DO need to file for custody then you need to show that you can be mature, and provide adequately for them.

shebrett

I'd hold off on having a go at the moment if I were you. I work in the NHS and if they are calling her in last minute for surgical appointments that generally means they are either very worried about her or there is a problem with the last surgery. Regular waiting list appointments take months in most places.

If it really is going to affect how much you can give her then I would let her know that you'll have to pay her less this month because of the time off and that you'll make it up later. If she says no then you can give her a valid reason for why you can't take the time off work. Good luck with things.