problem with CSA

kizzy2010

Hi. I'm looking for a bit of advice about my partners CSA claim. He split from his ex several years ago leaving her with one child. When they split he moved back in with his parents. During this time, as he was working and she wasn't, he agreed to continue paying joint debts to the sum of 220 a month. Most of these debts were hers but were all put into an IVA which he paid. When we met and moved in together we couldn't afford for him to continue paying these debts as I already had 2 children. After he moved out of his parents she then went to the CSA without telling him she was doing so. He still sent some money to her but it was nowhere near the amount of the debts. Anyway it took the CSA just over 2 years to find him as for a year of this time he wasn't working. We recently got a letter saying he is paying back 70 a week on DEO. They have assessed this amount basing it on the earnings of his old job. We cannot afford this amount. What can he do given that he wasn't aware of the claim in the first place

confused.net

Best of luck... You need to get a sympathetic CSA person! You're post will get more answers in the CSA section of this forum... I tried to post the link but...

Sorry as a new user you are not allowed to post with links. This is done to stop spammers clogging up the site. Please edit your message below to continue.

I would of thought with 20 views somebody could of posted the link for you

but beware... they are piranahs in there and most of them are the parents with care.

If he wasnt working then prove to the CSA that he wasnt working... benefits? p45?

clearingout

Kizzy - there is a CSA forum but I suspect someone will move this over for you in due course.

If he is able to prove to the CSA that he wasn't working for a period of time, he should be able to get the assessment reduced. I also think that is he can prove he didn't receive the paperwork, he may also have some kind of get out clause - I'm not an expert - someone else will be along to confirm or deny, I'm sure. Are you sure he didn't know about the claim? Has he not seen his children in all this time? I am afraid that your children are not more important (legally at least) than his so the fact that he has a new partner with children is no excuse for not supporting his own children. He should make sure that the CSA are aware he has 2 children living with him, however, as this will reduce his maintenance liability.

Are you not receiving maintenance from the father of your children?

fannyanna

The CSA obviously presume that he has been receiving their communications but has chosen to ignore them. Is this the case? If not you will need to prove that he didn't receive the communications (and I doubt they'll just take his word for it). You might need to request a copy of the file the CSA hold on him to see what efforts they have made in contacting him.

As he was employed and earning he would have had to pay child maintenance regardsless of any debts he's been paying.

With regards to the debts if he can prove that these were "family debts" they may be used to offset some of the child maintenance he is required to pay. Hut from what I've heard it's very difficult to get the CSA to agree to do this.

You say he sent some money to her. Was this clearly marked as child support money? If not, she can claim that it was payment for something else and he will still be required to pay child maintenance for that period (providing their was an open and live CSA case at that time).

kizzy2010 wrote: »

When we met and moved in together we couldn't afford for him to continue paying these debts as I already had 2 children.

Did he pay her any child maintenance instead?

To be honest if he didn't pay her any child maintenance or cover the debts I can understand why she went to the CSA.

I don't mean to sound harsh but he can't stop supporting his own child just because he meets someone who already has children - and I'm an NRPP who normally argues with some of the PWC's that moan about NRP's having more children.

kizzy2010

fannyanna wrote: »

The CSA obviously presume that he has been receiving their communications but has chosen to ignore them. Is this the case? If not you will need to prove that he didn't receive the communications (and I doubt they'll just take his word for it). You might need to request a copy of the file the CSA hold on him to see what efforts they have made in contacting him.

As he was employed and earning he would have had to pay child maintenance regardsless of any debts he's been paying.

With regards to the debts if he can prove that these were "family debts" they may be used to offset some of the child maintenance he is required to pay. Hut from what I've heard it's very difficult to get the CSA to agree to do this.

You say he sent some money to her. Was this clearly marked as child support money? If not, she can claim that it was payment for something else and he will still be required to pay child maintenance for that period (providing their was an open and live CSA case at that time).



Did he pay her any child maintenance instead?

To be honest if he didn't pay her any child maintenance or cover the debts I can understand why she went to the CSA.

I don't mean to sound harsh but he can't stop supporting his own child just because he meets someone who already has children - and I'm an NRPP who normally argues with some of the PWC's that moan about NRP's having more children.

At the time he thought he was doing the right thing. The debts he continued to pay (her share) worked out at around 50 a week as opposed to the 20 a week that is his assessed rate or maintenance now. It was amicable until he met someone else and changed that agreement to pay less. There is no chance he got the letters as he moved to the other end of the country in with me and all forwarded mail came here.

kizzy2010

Also I'm in the middle of updating my housing benefit claim at the moment. I have been told to send in the details of the money he is paying to the CSA as it may mean I get more housing benefit as the claim is mine not his. Does anyone know if this is likely or not. I know my children r no more important than his daughter but it doesn't seem fair that my children should be made to go without for his. I agree he has to pay maintenance but its left us really tight to provide for mine. And yes I do get maintenance for mine. 5 pound a week between them. Hardly compensates for the 70 he is paying

Lady_gaga

why should you get "compensation" for him paying to support his own child?!?!

kizzy2010

I'm simply saying that it doesn't seem fair that my children suffer for the sake of his. Plus I'm only asking for an opinion on what I have been told. If ur here to judge me then please don't. U know nothing of my life or his or the relationship between my partner and his ex. I have not said that he shouldn't support his daughter I'm saying that there should be a middle ground where she gets what she's due and my children don't do without.

**Patty**

Lady_gaga wrote: »

why should you get "compensation" for him paying to support his own child?!?!

I think Kizzy is highlighting the issue of whilst on one hand she receives £5 a week for 2 children, the same agency has calculated a payment of £70 a week for her current partner's 1 child.

Kizzy, it seems to be the *arrears* that are the problem.

CSA arrears are recoverable in 24 months max......but if your partner was not working during that time, then his assessment is wrong. There are more knowledge folk on the Child Support board..... Is the case CSA1 (old rules) or CSA 2 (new rules)?

Lady_gaga

kizzy2010 wrote: »

I'm simply saying that it doesn't seem fair that my children suffer for the sake of his. Plus I'm only asking for an opinion on what I have been told. If ur here to judge me then please don't. U know nothing of my life or his or the relationship between my partner and his ex. I have not said that he shouldn't support his daughter I'm saying that there should be a middle ground where she gets what she's due and my children don't do without.

It's hardly his ex's fault or his childs fault that the Father of your children only pays a fiver in support.

FBaby

kizzy2010 wrote: »

I'm simply saying that it doesn't seem fair that my children suffer for the sake of his.

Do you work yourself full-time to support your children? I'm a bit confused as why you seem to think that your partner should support your children as a priority (who clearly have a dad themselves whose responsibility is to support them) other his own child.

I am not asking to be judgemental, even if I come across as such, but I just cannot comprehend this position.