Can the CSA touch my ex's savings.......

happycamper3

Well its a long story, so here is the short version,

I spilt from my ex 6 yrs ago, we have 3 children under the age of 10, my ex has not seen the kids for 4 yrs, (his choice not mine), anyway he is on benefits (dla) so I get the standard £5.00 a week.

I do know though that he has about £550,000 in savings, (know this as just gone though divorce proceddings for money), before anyone asks the money is in a special interest account so its benefit protected.

He lives with his new partner and her 4 children.

My kids have never had a birthday card, xmas present etc etc for about 3 yrs now.

He has had holidays abroad, brand new car for him and his partner,

What I would like to know is can the csa touch his savings, my solicitor will be prepared to write a letter and give all documentary evidence of his money he has.

Thanks.

Emmzi

I think you need to explain more how the money is "protected" and why it was not taken into account in the divirce settlement.

Fission

You can apply for a variation on the 'asset' ground. If he has £500000 he could be made to pay £190+ a week out of it.

Yes that's right £190+ a week.

Nothing will happen unless you apply, though. If your gonna do it, do it now.

F

happycamper3

Emmzi wrote: »

I think you need to explain more how the money is "protected" and why it was not taken into account in the divirce settlement.

The money is from a car crash, and it was taken into account, I came away with the proceeds of the house sale, (£55,000, and £60,000 from the compensation amount, which included me looking after him for 2yrs, breakdown of marriage etc.). He refused to pay child maintenance though the courts, (which the judge was furious about, but couldn't enforce anything, but told me to go to the csa).

A special interest account is just that, it protects any money gained from compensation, so that all your benefits are protected, all legally set up by a financial adviser.

In his compensation award he was awarded a lump sum of £16,000 a year till he reached penson age which is roughly about £400,000 as he is deamed unfit to work:question:.

Hence why I am asking can the csa touch his savings, but I do know his money will be gone in a flash, he is known to be a gambler, drinker and had already gone though about £100,00 in 2yrs in interim payments.

What angers me is the way he told the judge that he wouldn't pay a penny to his children, but can support another women and her children with a lavish lifestyle.

Have got all the forms from the csa but the adviser did tell me, that they couldn't touch savings and not to waste my time.

Hence coming here for advice.

Kimitatsu

If he has been awarded £16k a year then it could beperceived as income by the CSA and you need to apply for a variation to the assessment.

Ring them, explain the situation and ask them to put a variation in place. Legally he does not have to pay for his children through the courts as the CSA can overturn a court ruling, so you need to get the CSA to do their job!

What factors might we take account of for parents with care?





If you are the parent with care, we might look at the amount of child maintenance again in the following circumstances:

• If the non-resident parent has assets (money or property) worth more than £65,000. Where property is concerned, this is the value after any outstanding mortgage which is still owed has been taken off. Assets do not include the home that the non-resident parent is living in or assets they use for their business, but could include a property they are renting out.
• If the non-resident parent is currently paying the flat rate or the nil rate but they have other weekly income of more than £100 that we would normally take account of. However, this does not apply if the non-resident parent is paying the flat rate because they are getting Income Support or income-based Jobseeker’s Allowance, or they are paying the nil rate because their income is less than £5 a week.
• If the non-resident parent controls their income and receives an income of more than £100 a week from a company or a business (for example, income received by company directors as dividends).
• If the non-resident parent has reduced the amount of income that we can take account of by diverting it to someone else for another purpose, for example into a business.
• If the non-resident parent seems to have a way of life associated with someone whose income is much higher than the income we used to work out child maintenance.

If the non-resident parent is currently paying the flat rate or nil rate, because they receive certain benefits, we might also look at the calculation again if they have other income of more than £100 a week. This has to be income we would normally take account of when working out child maintenance.

Is the account a trust fund from which he draws an income? Or is it just in a savings account? If it is in a specific trust fund then it can be disregarded "compensation for personal injury and any payments made from a trust fund set up for that purpose"

His DLA attracts a flat rate assessment so you do need to get someone to look at it for you. Have you tried contacting NACSA and seeing if they can help?

FamilySands

If it's not a lump sum a variation won't apply. It wouldn't come under any of the other grounds either.

You need to give full details and ask for a Complex Case Worker to look into whether it can be classes as normal income. I'm not sure it can as it may well be classed as an allowance relating to disability.

Sorry.

happycamper3

Thanks so much for your quick replies,
He got his yearly income (what he was earning pre car crash), in a lump sum, which amounts to about £16,000 per yr x25yrs which is £400,000 in a lump sum.

The account is a trust fund, and he is allowed to do as he pleases with this account, he could withdraw up to £6,000 into his normal bank account (that is all you are allowed with his benefits).

As far as I am aware he has been getting DLA for about 4yrs and I have been awarded £5.00 per week for 3 children which doesn't even cover a magazine each.

Hope to be able to get something via the csa but not holding my breath.

Will be on the phone on Wed to my solicitor to get all the evidence needed and then go from there.

any more advice would be welcomed.

Blob

I think that you may be able to get the interest taken as income, but that may be about it!

DUTR

happycamper3 wrote: »

Thanks so much for your quick replies,
He got his yearly income (what he was earning pre car crash), in a lump sum, which amounts to about £16,000 per yr x25yrs which is £400,000 in a lump sum.

The account is a trust fund, and he is allowed to do as he pleases with this account, he could withdraw up to £6,000 into his normal bank account (that is all you are allowed with his benefits).

As far as I am aware he has been getting DLA for about 4yrs and I have been awarded £5.00 per week for 3 children which doesn't even cover a magazine each.

Hope to be able to get something via the csa but not holding my breath.

Will be on the phone on Wed to my solicitor to get all the evidence needed and then go from there.

any more advice would be welcomed.

If he has had that sort of money for a RTA, then I suspect he has some horrific injuries and why he can continue to also claim benefits :eek:

DX2

Just to clarify you want to take money from his compensation payout for child support. :eek:

FBaby

DX2 wrote: »

Just to clarify you want to take money from his compensation payout for child support. :eek:

What's wrong with that? Isn't compensation to support the victim as a result of the accident? Support means paying what he was able to pay by working, including supporting his children.