CSA - opting out?

krashovr10ad

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I found out yesterday that although my ex-partner is a PWC of 3 children, she's only claiming against me for maintenance...

The other NRP is her ex-husband and he is the father to 2 of the children...

How can it be that the CSA is happy to leave me paying 27% of my wages via CS1 but they're happy to let another NRP off paying..?

What are good grounds for her being allowed to opt out from claiming against the other NRP..?

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hjb123

Is he working or is he out of work at the moment? Seems odd that there is only one claim here

krashovr10ad

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I know he used to be a manager of a supermarket but that was when they got together...

Even if he's out of work - he should be paying a token amount..?

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moggins

Could he be paying her voluntarily? My DH does this and the CSA class him as having to pay me nothing. I'm glad they do as he gives me more than the CSA would make him pay.

MJMum

You're not my sister's ex BF are you?!

Seriously, my sister has a similar situation. When she divorced, issues surrounding finances and the children were settled in court so there was no reason for the CSA to be involved. Years later, she had another child with BF who did a vanishing act when she was pregnant, and the only way the baby was going to get any financial support from dad was the CSA.

So I guess there could be a number of reasons why. Is ex-hubby out of the country, for example? Or in prison?

MJMum

Does it make a difference to the amount you contribute, if she doesn't also claim from the ex husband then? Not sure why it is of interest otherwise

krashovr10ad

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I pay under CS1 - if she had made a new claim against her ex-husband, that claim would have been under CS2 rules and I'd have been pulled across reducing my payments from 27% to 15%...

As she's claiming benefit - all the money I pay gets deducted from her benefit so my son and his mother are no better off...

On a selfish note (and leaving out the moral/responsibility issues) - I don't see why I should pay and he shouldn't...

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iceicebaby

Maybe hes deceased or something? Without knowing the full circumstances it's hard to comment really

MJMum

I sympathise about the CS1, as the wife of a NRP who was also under CS1 - you need a PhD to interpret the rules! Although, if she's on benefits, I would've thought that they would insist on her making a claim if it was possible to.

krashovr10ad

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I don't think he's deceased. I appealed against my maintenance assessment last year and it listed that the PWC was linked to two NRPs although it didn't say anything else...

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skintas_2

was he violent to her, if so she can say to the csa, dont to get involved for her own safety,