Missed maintenance

tracyh_3

Hi,

my ex called me to tell me that as he has been off ill from work for nearly two months this month he will be on ssp and unable to pay the £150 maintenance he usually pays on 1st Dec. As a full time nhs student this leaves me extremely short as housing benefit include it as income etc and even with it its very tight..

my question is... can he withhold payment (we used to go through CSA but they messed up so often he now pays direct) and if he does, what can i do?

help appreciated!

Rgds

Tracy

C_Ronaldo

id speek to your local CAB

kelloggs36

Is the case still open but just being paid direct? If the case is closed there won't be anything you can do to make him pay. He will probably apply for a new assessment anyway which will take into account his new circumstances, so it isn't looking good I'm afraid.

Contact Housing Benefit and explain - if he gets a new assessment, they will have to take this into account with your HB claim which should help.

kelloggs36

If the case is open and he doesn't apply for a new assessment, then he is still legally liable to pay the full amount and you could try and go for a Deduction of Earnings Order, but they still have to allow him a certain amount to live on which may mean that you still get nothing as his income will have dropped so much.

Rebekka_2

Whilst he is paying you direct there is nothing the csa can do, the only way they can collect is f you hand it back over to them, you also need to contact HB immediately to let them know the change in your income, even if you think it is only this month, contact them right away as they need to take into account you have not had this money

seven-day-weekend

How can he pay it if he hasn't got it?

kelloggs36

If he isn't earning it any more then he needs to tell the CSA that he isn't earning the money and provide evidence - they will get a new assessment done for him so he won't have to. If he fails to do that, then he does have the liability to pay and the PWC needs to contact the cSA and ask them to start collecting the money on her behalf again.

scatz

Sounds to me as though he has always paid in the past, judging by your short message! If he has done so and is unable to work at present, how would you expect him to pay you the £150? As everyone else has stated; ensure you contact all benefits agencies etc. and advise them of your drop in income (from maintenance). With any luck, you ex will start paying you again, if and when he starts working again.

I do feel for you, however, as the time leading up to xmas is always the most financially straining. Goodluck in sorting your finances out in time for you and your kid(s) to have a Happy Xmas!!

hjb123

How long has he been paying you the money directly? I realise it may be a struggle for you and maybe the best thing to do would be to go to the CAB for help from them.

Does he have your child/ren at all? Maybe if the illness isnt too bad he could do more looking after them for you while he is off which may go a bit towards the money - I realise it will hardly go near but its worth a thought?

newlywed

As far as I remember, according to the CSA website calculator if the absent parent's income is £0 then he has to pay £0. If he is on benefits (job seekers etc) then the payment is a statutory £5 per week (not per child but just that weekly). Under the new rules, not the old.

Maybe you could ask for the £5 a week payment that the CSA would ask for?

tracyh_3

thanks everyone, the csa case was closed so that option is out and to be honest its not worth the hassle of involving them again. He has paid reguarly and I understand that if he is getting less he can't afford the full amount but the costs involved with a child don't change and its a tad irritating.

Good tips about letting hb know though, they are quick enough to reduce my payments so hopefully they may increase it temporarily, although I am still trying to find out if they should count my childcare aloowance as income whilst not taking into account my childcare costs! think I need to visit the cab next week....

thanks again everyone