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CSA - ex's partner works but he doesnt

My ex husband is living with his new partner but he doesnt work, she does. She gets her wages, tax credits ect, will I get any maintenance money for my children?
Sealed Pot Challenge member #982
In 2012 I pledge to:- Save £1 a day, meal plan, be more organised, have NSDs, set myself a budget AND STICK TO IT, throw all loose change into Sealed Pot and not open it till 29th November.:money:

Comments

  • Soubrette
    Soubrette Posts: 4,118 Forumite
    No, unless he receives benefits? and assuming you've never asked for CSA involvement before now.

    ETA I have heard on here before that somtimes child tax credits are taken into account as income but I know a friend who'd ex is a househusband and she gets nothing.
  • CSA have been involved and he was paying up untill he quit his job to move in with her.
    Sealed Pot Challenge member #982
    In 2012 I pledge to:- Save £1 a day, meal plan, be more organised, have NSDs, set myself a budget AND STICK TO IT, throw all loose change into Sealed Pot and not open it till 29th November.:money:
  • I think that the CSA will possibly nil-assess nim...if the tax credits claim is entirely in his partner's name then he technically won't have any income, which means that the CSA won't be able to assess him.
  • AnxiousMum
    AnxiousMum Posts: 2,709 Forumite
    Part of the Furniture Combo Breaker
    And yet another glitch in the CSA system! Sorry - a parent should be able to quit work and become a househusband/wife if the children from a previous relationship are in need of support. My ex did this - and the court imputed an income on him going by his last three years earnings. Judge told him he couldn't afford to be a house husband, as he had two other children to support and slapped him with a child support order. Funny how he was back at work rather quickly! Unfortunately they don't do that in the UK!
  • Was this in the U.S. AM?
    Please do not confuse me with other gratefulsforhelp. x
  • AnxiousMum
    AnxiousMum Posts: 2,709 Forumite
    Part of the Furniture Combo Breaker
    Was this in the U.S. AM?

    In Canada - I understand that they do this in most western countries though - just not the UK! The court in Canada takes the stance with ANYTHING to do with child support - that 'if the parents were still together.......', and in this case, if he and I had still been together with two children to support, he simply would not have been able to quit his job and become a househusband. Nor would he have been able to quit job and go back to school full time - which he tried later.
    They also don't take into account new children - he gets no reduction in child support now because he has a new child - again, 'if you can't afford to provide for the ones you have, don't go having more' is the attitude. NRP's just don't get away with walking away from their financial responsibilities - however, PWC's don't get to block access either :)
  • Ex is under the impression that coz his partner works he will have to still pay maintenance worked out on the household income. My way of thinking is why on earth would anyone who has kids go to work to provide for her own children and be expected to pay for lazy gits children as well!! Either she is not right in the head or is blinkered. If I had a partner who sat at home all day and expected me to pay money for his children then im sorry but he would be told to sling his hook.
    Sealed Pot Challenge member #982
    In 2012 I pledge to:- Save £1 a day, meal plan, be more organised, have NSDs, set myself a budget AND STICK TO IT, throw all loose change into Sealed Pot and not open it till 29th November.:money:
  • Kimi31
    Kimi31 Posts: 68 Forumite
    Third Anniversary 10 Posts
    OP Depends if the case is new or old rules
    If new, it will be a £0 assessment
    If old, partners income can be used
    HTH
  • I dont know what rules it will be coming under. CSA have been involved for the past 2 years. My post makes me sound like a right money grabber but im not. It would just be nice for him to man up and take responsibility for his children rather than leaving it to someone else. He doesnt have the children on a regular basis but when he does he either expects me to take them to my parents so he can pick them up from their (he lives 10 miles away but I have to travel 200 miles in order to do this) or if he does manage to get to me he always says hes skint and could he "borrow" £20 for petrol so he can get them back to me. He knows I will say yes and lend it him this is why he does it. But i wont be any more!! Not my problem that hes skint and got no money, not my problem he cant afford to put petrol in his car so he can come and see his kids. I wouldnt mind the odd £20 for fuel IF he actually put the effort in but seeing them as and when he can be bothered and not contributing anything towards school trips/uniforms/clothes then no im not doing it any more, I dont see why I should.

    Sorry rant over :p
    Sealed Pot Challenge member #982
    In 2012 I pledge to:- Save £1 a day, meal plan, be more organised, have NSDs, set myself a budget AND STICK TO IT, throw all loose change into Sealed Pot and not open it till 29th November.:money:
  • Debicj
    Debicj Posts: 193 Forumite
    On either scheme, CS1 or CS2 it is very unlikely that he will be assessed to pay anything if he has no income. On CS1 they would take his new partner's income in to account but only to work out her contribution for housing costs etc. They would not directly take any payments for maintenance from the partner so it really doesn't matter how much she earns.
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