Is it worth going down the CSA route?

NLB2010

To cut a long story short, the ex over the past 2 years has cut his payments down from £400 to £200. We had two kids together (10 and 8) and he now has a further two with his new partner. I have been pretty understanding re the wage situation (hes an estate agent) but sending me a text to say he is dropping the maintenance (private agreement) I find one step too far.

Is it worth employing the services of the CSA? Do they look at what I earn (which is slightly less than him)?

clearingout

It has nothing to do with your earnings, no. However, what you need to work out is whether or not by going to them, you're going to end up with more money in your pocket (his earnings may well have substantially dropped, for example, he's in that kind of profession) and whether the hassle involved ('cos he won't like it) is actually worth it in terms of any extra money you may gain. If he's argumentative, controlling, angry, likes his own way etc. etc. then you can assume that going to the CSA will cause you a lot of difficulty! As he has two children, it is unlikely he would just give up his job, but such a drastic course of action isn't unheard of and/or you should think about whether he's in a position where his boss might let him work on a self-employed basis (also not unheard of) because getting money from someone who is self-employed and doesn't want to pay is next to near impossible!

There is a calculator on the CSA website which you can use to see if you think you'll be better off from a financial point of view. The rest is up to you!

gratefulforhelp_2

Go on the CSA website and calculate how much they will deem you entitled to. If he is self-employed, I would think better of it, but otherwise I would say you are giving him the opportunity to meet you half way, and then consider starting a claim with them.

They are very disorganised and inefficient and will drive you bonkers, but if he is being unreliable then it may be the way to go. Also be prepared if you go this route to have several weeks where you get nothing while they gear up.

DX2

NLB2010 wrote: »

but sending me a text to say he is dropping the maintenance (private agreement) I find one step too far.

If you find that one step too far, then don't even go there with the CSA. You will be driven insane with them.

kinksfan

Divorced 10 years ago 2 kids involved, she got house I got couple of endowments. Been paying maintenance 400 each month for 10 years despite being self employed. She has recently remarried and moved in with new husband and sold the ex marital home at handsome profit over 200k which is now in her bank account. I am now not earning at all, but looking for work, probably will get something in spring. My live in partner does not work either but is also looking for part time work as we have one child together. I informed her about my new circumstances and told her I needed a significant reduction in maintenance, until I find work, she has gone to solicitors and demands that I continue to pay at same level and that she will seize our (limited ) assets. I know some of you PWCs have it rough and my sympathies go out to you but what do you think of this case?

clearingout

Kinksfan - you are as able as she is to go to the csa - doesn't have to be the PWC who opens the case. Open the case, you'll be assessed as either nil if not earning and not claiming benefits or £5 a week if you are claiming benefits and that's the end of the matter. She can't have £400 out of nothing, can she?!

As for seizing your assets - we live in a democracy with a legal system slower than snails....even if she personally could seize our assets (which I don't think she's got a hope in hell's chance of doing, by the way), it would take years to get to that point. I take it she says that's what her solicitor said rather than you having received a solicitor's letter to that effect?

clearingout

and the value judgement? You have an obligation to financially support your children regardless of whether or not your ex partner has the money in his/her own right to do it alone. If I win the lottery tomorrow, I expect my ex to continue to provide financial support (he doesn't, so bit of a moot point, really!) - but I would simply ask him to put the money into savings accounts for the children.

kinksfan

that is so spooky as when I was earning and she moved into new husband's house prior to marrying him I suggested we assessed roughly how much of the 400 per month was necessary for "day to day" living expenses given that her overheads had reduced considerably and her new husband is a 40% taxpayer, and then put the rest into a dedicated bank account for university or house purchases for the kids or whatever, when they were older but I got a very curt rejection of this idea, but I like the way your natural justice mind thinks. I wish the law was like that. I have always paid, now I can't and there is simple no recognition of the fact that thanks in a significant way to me (not entirely but significantly) there has been no reduction in her standard of living since the split. She accuses me of being irresponsible and it is very annoying that as soon as I am earning again I will have to give all of the contribution direct to her again instead of channelling some of it to a ringfenced pot for the kids. It almost drives me down the route of exploiting my self employed position to minimise any hit once I secure work again. I just wonder how PWCs would feel if they had to provide money direct to someone who does not need it and makes no secret of the fact that she resents me.

kinksfan

and no I have not received solicitor's letter yet just aggressive emails from her about seizing my assets etc when I asked her to consider a signficantly reduced payment pending my return to work

clearingout

the issue is that you really have no idea of her incomings or outgoings, do you? she may well have married a reasonably well off man and have money in the bank but you also don't know what she intends to do with that, what loans she may have etc. etc. The fact is, we ALL tend to live right up to the limit of our means (and often beyond) and losing £40 a month, let alone £400 can have a massive impact on even a seemingly large income because of what's going out. It is not unreasonable that losing that money means that your children go without as a result.

I'm not trying to make you feel guilty, please don't think that, and certainly, if my ex weren't working, I wouldn't expect money from him. It's just not possible! And logically, if we'd been together and he lost his job, somehow or other we'd have managed. So I'd manage (and actually, I do manage!).

There's a difference between being reasonably well off and money not being an issue at all and I guess what I'm saying is, if money weren't an issue for me, then I wouldn't be looking for financial support, other than it was put aside for the children's futures but I don't see that happening, unless I have a massive lottery win or marry a millionaire! Should I marry someone with a decent income, I'm not sure that he should be expected to pay entirely for my living expenses to increase my income in turn to reduce my ex's child support liablity....others will disagree, I'm sure.

She can shout all she wants - the worst that can happen is she goes to the csa and they assess you as earning nothing at all. As I said before, beat her to it and shut her up once and for all (in the nicest possible way!).

kinksfan

hi clearout I see where you are coming from, in terms of the "living expenses" what I mean is imagine I pay 400 when she is living in her own house with my 2 kids and then by moving into husbands house she no longer has to fork out as much for overheads (utilities, mortgage, council tax) of x, then it seems reasonable to me for this x amount to be transferred to a special bank account for the kids for their future