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

DUTR

DX2 wrote: »

Do you think there are many more calls/new cases via the child support agency at this time of the year? :whistle:

I wouldn't imagine so, but then they do say that most requests for divorces are filed in January than any other month, so it maybe the case of cs files also

AsknAnswer2

DUTR wrote: »

Actually it can and is
If the estate had to go to any offspring then there would be little need for folk to make a last testament will, there have been notable cases where the offspring have challenged (and lost) cases where the parent(s) have left their estate to other people.

Oh, absolutely - that I don't contest (pardon the pun). There are also many notable sucessful cases. I was referring to your statement that any sucess would be limited to only the portion of CS liability had the deceased been still alive, not being accurate.

DUTR

AsknAnswer2 wrote: »

Oh, absolutely - that I don't contest (pardon the pun). There are also many notable sucessful cases. I was referring to your statement that any sucess would be limited to only the portion of CS liability had the deceased been still alive, not being accurate.

One of my mates who passed away nearly 10yrs ago, had such a type clause in his will, and it was honoured (as in the offspring was entitled to just the payments that would have gone to via the csa), his house and pension etc went to his Mum.

AsknAnswer2

That doesn't mean it will be so for every case.

DUTR

AsknAnswer2 wrote: »

That doesn't mean it will be so for every case.

No it doesn't, but there is no hiding of fact that the nrp does not have to make provision for offspring once deceased and my solicitor, informed me that I don't even need to include the CSA protion, I could have simply included 'I make no provision for ????' if I wished.
Not that I'm planning on dying in the next few years

iluvfreebies

ASAIK compensation payments cannot be used in any maintenance assessment - however any interest incurred by this being in a savings account could be used - This would be included as a variation under ground "income not taken into account" i think the onus is on the applicant of the variation to provide all the details though so not sure how you would go about gathering all the required info - perhaps your solicitor could help

DUTR

i!!!!!!!!!!! wrote: »

ASAIK compensation payments cannot be used in any maintenance assessment - however any interest incurred by this being in a savings account could be used - This would be included as a variation under ground "income not taken into account" i think the onus is on the applicant of the variation to provide all the details though so not sure how you would go about gathering all the required info - perhaps your solicitor could help

I know in one of my savings accounts I get a massive 0.1% gross , in the past I think they (CSA) used 8% as a figure for interest, but I have not seen an account that would offer this for any amount of savings

FBaby

DUTR wrote: »

It does seem that some people are judging themselves as a parent by what things they can provide that cost money, is a parent that gets their child an Iphone a better parent than the one that gives their child a nokia 3310?
Is a PWC a better Mum because they gave children to a guy who was a premiership footballer than someone that had a child with someone who refills shelves at the supermarket? etc etc

What about the nrp who says that he can't pay any maintenance because he can't afford it, but buys the phones and other costly presents for Christmas?

DUTR

FBaby wrote: »

What about the nrp who says that he can't pay any maintenance because he can't afford it, but buys the phones and other costly presents for Christmas?

What are you on about? Just because someone says they cannot afford the payment does not eliminate them from the liability of paying .

At no point have I ever said that someone should not contribute, I still maintain though that it is not everyone's priority to forgo all they earn just for the sake of the kids

FBaby

There is quite a gap between forgoing all one's earn and contributing £5 a week for three children. The point here is that the nrp is receiving an income. We can argue on the basis that income was calculated on, but the end result is the same, the nrp has a decent sum coming to him every month and that makes the £5 contribution a farce.