Partners ex has appealed - what now?

bewilderedhelpneeded

Im NRPP and my partners ex has submitted an appeal stating lifestyle inconsistant with income. 'evidence' she has put forward is that my partner brough new telly, new sofa and new carpet. She has also stated that his rent is £550 a month and that he is hiding money in my bank account. She has also submitted bank statements of when they were living together showing the amount of money going into their joint account.

My partner is self employed and not earning very much at all as no work available (building trade). He has been assessed as having to pay £5 a week. He provided his tax returns which is how CSA calculated this amount.

Telly was brought by me as an early xmas present, new sofa (deposit was paid by him from money his mum gave him in lew of christmas present and I paid balance on understanding he paid me back as and when he could) and carpet was purchased by me as I dropped wine on his carpet and we could not get stain out (I bought roll end costing about £200). We are going to reply to CSA letter stating all of the above, enclosing his last 3 years tax returns again. He is not using my bank account - its mine and he does not even know how much I earn. Can CSA demand to see my bank account? Im concerned as although I have nothing to hide I don't want her seeing it and I don't want him to see it either as my money is exactly that - my own and I don't want him to know how much I earn!

He hasn't been able to pay his rent for months and owes his brother £000s and I have been helping him out with bills etc and his mum has also given him some money towards his bills. The only way he is able to carry on living at the moment is via handouts from me and his mum as and when we can afford to pay some of his bills. he is deeply in debt.

Does anyone know what the likelyhood of her winning this appeal is and if we should put anything else forward to CSA as defence against her alegations?

DaisyChainMaker

Your partner is doing everything right in producing his tax returns. Items bought are irrelevant so don't feel you have to justify yourself. The ex is just going to have to accept that your partner is unable to pay more for their child at the moment. What has been earned in the past is irrelevant as its the present time that matters. Try not to get stressed. Your income and accounts are nothing to do with the assessment as it is purely based on your partners income.

Sorry to hear that you are having so many problems. Your partners ex is just stamping her feet. Hope you get things sorted soon and the child is not suffering at all while this is going on. x

relic

I'd say he is doing everything right, so there shouldn't be any problems.

However, I don't think I would be okay with only paying £5 towards my child, can't imagine being in that situation!

bewilderedhelpneeded

The £5 a week is what the CSA say he has to pay and he does this every week, however he gives her extra as and when he can. For example last month he gave her £200 cash towards things for the children and £40 towards their school shoes. He is also paying £100 a month directly to the school towards their school trip.

creampuff

you and i must have the same PWC!!

I'm also NRPP and we are waiting for our tribunal hearing date for exactly the same thing. PWC claims she knows everything and that we have a lavish lifestyle new cars holidays TV's etc.. i have purchased things for our house from an inheritance i received. The CSA don't know about this money as i believe they don't have to know about my savings.- someone on the forum will be able to advise on this

firstly, her appeal will be rejected by the CSA, she will then have to appeal again which will then be given to the tribunal and a hearing date will be set. From my understanding (someone may be able to give more advice) but the PWC has to have some real hard evidence for the tribunal for it to be sucessful. The only way your salary will be taken into account is if you are on CSA1, live with your partner and have declared your earnings to the CSA and the PWC has applied for a departure on the grounds that you earn and can contribute to the housing costs.

How does she know what goes on in your house? how old are the children involved? are you CSA 1 or 2?

If i were you i would wait until you know if you are going to a tribunal or not before submitting anything to the CSA - wait for them to ask for evidence. If his lifestyle is supported by you / debt/ loans etc then the case will fail.

relic

bewilderedhelpneeded wrote: »

The £5 a week is what the CSA say he has to pay and he does this every week, however he gives her extra as and when he can. For example last month he gave her £200 cash towards things for the children and £40 towards their school shoes. He is also paying £100 a month directly to the school towards their school trip.

Sorry, didn't mean to offend, I think I wrote it down completely wrong.

Just can't imagine how I would feel only being able to afford £5 a month, I have friends who work in the trades, and it's ridiculous how little work there is compared to a few years ago (and how there are still training companies looking to profit out of peoples desperation for money).

bewilderedhelpneeded

relic wrote: »

Sorry, didn't mean to offend, I think I wrote it down completely wrong.

Just can't imagine how I would feel only being able to afford £5 a month, I have friends who work in the trades, and it's ridiculous how little work there is compared to a few years ago (and how there are still training companies looking to profit out of peoples desperation for money).

No offence taken! There is simply no work around and its a catch 22 situation as he cannot afford to advertise either! I hate to see him struggling and I help ut as and when I can but I have my own house and children to pay for.

bewilderedhelpneeded

creampuff wrote: »

you and i must have the same PWC!!

I'm also NRPP and we are waiting for our tribunal hearing date for exactly the same thing. PWC claims she knows everything and that we have a lavish lifestyle new cars holidays TV's etc.. i have purchased things for our house from an inheritance i received. The CSA don't know about this money as i believe they don't have to know about my savings.- someone on the forum will be able to advise on this

firstly, her appeal will be rejected by the CSA, she will then have to appeal again which will then be given to the tribunal and a hearing date will be set. From my understanding (someone may be able to give more advice) but the PWC has to have some real hard evidence for the tribunal for it to be sucessful. The only way your salary will be taken into account is if you are on CSA1, live with your partner and have declared your earnings to the CSA and the PWC has applied for a departure on the grounds that you earn and can contribute to the housing costs.

How does she know what goes on in your house? how old are the children involved? are you CSA 1 or 2?

If i were you i would wait until you know if you are going to a tribunal or not before submitting anything to the CSA - wait for them to ask for evidence. If his lifestyle is supported by you / debt/ loans etc then the case will fail.

I haven't seen the letter the CSA have sent yet but i do know he has until Monday to respond. the thing is he isn't living a lavish lifestyle at all he is in debt and is relying on me and his mum to help him out with bills as and when we can! Its a case of paying those who scream loudest at the moment! Im just worried about the accusation that he is using my bank account to hide money. he absolutely is not! I don't know if someone can force me to show details of my bank account, which I will have no problem with doing as I have nothing to hide, just don't want him to see details of it or her! He is on CSA 2 and no we don't live together. It must have been his children who have told her about tv, sofa and carpet. But again, nothing to hide there and every purchase can be explained. All his tax returns are up to date and CSA have them.

catfish50

bewilderedhelpneeded wrote: »

I haven't seen the letter the CSA have sent yet but i do know he has until Monday to respond. the thing is he isn't living a lavish lifestyle at all he is in debt and is relying on me and his mum to help him out with bills as and when we can! Its a case of paying those who scream loudest at the moment! Im just worried about the accusation that he is using my bank account to hide money. he absolutely is not! I don't know if someone can force me to show details of my bank account, which I will have no problem with doing as I have nothing to hide, just don't want him to see details of it or her! He is on CSA 2 and no we don't live together. It must have been his children who have told her about tv, sofa and carpet. But again, nothing to hide there and every purchase can be explained. All his tax returns are up to date and CSA have them.

Hi OP, sorry to hear of this. Doesn't the CSA take into consideration the amount of time each parent has the children? Going from your previous posts -- if your partner has them for 3 nights a week and every other weekend, isn't that half-and-half? It seems strange if he has to pay Child Support if they have joint custody. I'm just wondering if perhaps that would be grounds for appeal if needed.

bewilderedhelpneeded

catfish50 wrote: »

Hi OP, sorry to hear of this. Doesn't the CSA take into consideration the amount of time each parent has the children? Going from your previous posts -- if your partner has them for 3 nights a week and every other weekend, isn't that half-and-half? It seems strange if he has to pay Child Support if they have joint custody. I'm just wondering if perhaps that would be grounds for appeal if needed.

Yes he has them half the time and this is the basis that the £5 a week was awarded - the time he has them and the amount on his last tax return. He has no problem paying what CSA say and whatever else he can when he can. I know when he gave her the £240 last month I wasn't very happy as he then borrowed money from me to pay some of his bills. If he hadn't given her the money but had used it to pay his bills he wouldn't have had to borrow from me and add to the amount that he owes me! When the children are with him they are fed, a roof put over their heads, kept warm and he has to buy them clothes and shoes as well for when they are with him and he does not get the child benefit and tax credits neither does he have the salaried income that she has!

catfish50

bewilderedhelpneeded wrote: »

Yes he has them half the time and this is the basis that the £5 a week was awarded - the time he has them and the amount on his last tax return. He has no problem paying what CSA say and whatever else he can when he can. I know when he gave her the £240 last month I wasn't very happy as he then borrowed money from me to pay some of his bills. If he hadn't given her the money but had used it to pay his bills he wouldn't have had to borrow from me and add to the amount that he owes me! When the children are with him they are fed, a roof put over their heads, kept warm and he has to buy them clothes and shoes as well for when they are with him and he does not get the child benefit and tax credits neither does he have the salaried income that she has!

That definitely seems unfair. No wonder everyone hates the CSA.