C Maintenance assessment

kelloggs36

Zara33 wrote:

So what happens regarding paternity disputes

Liability is backdated to the date that the MEF was sent out the NRP if they are proved to be the father, hence usually a large arrears bill.

rare_stuff

kelloggs36 wrote:

It depends on when the claim was made. If you made a claim immediately after the birth and he denied paternity and was taken to Court to prove it, then liability would be backdated to the date they first sent him the forms. If you made a claim later, then the earliest the CSA would ask for would be then, so it depends on what happened.

When was this claim made initially? is it under the old rules? If so, then they need his housing costs plus any partner's income details before they can do an assessment - this is often what causes the delays, as not all the relevant info is sent to them so they have to keep asking!


To the OP - is your case an existing CSA case or a private agreement?

Thanks Kelloggs, maybe I didn't make myself clear, it does happen that way on occassion! I'm actually the non-resident parent and it was my ex who denied the child was mine right from the first day she discovered she was pregnant, breaking off our relationship the same day. I don't want to go into too much detail here but this caused a great deal of stress for me and at the time as we working in the same small building, and meant that I spent nearly 6months on sickpay due to stress caused and actually resigned as I could not return to work at the end of my entitlement to sick pay as it was impossible to concentrate on my job, or even think clearly when confronted by the sight of my heavily pregnant ex on a daily basis. She continued her denials until the day I had taken her to court and it was pointed out to her that DNA testing would be ordered, when she capitulated and admitted I was the father. Shortly after this she must have made her claim for CSA.

Excuse me if this appears irrelevent, but I do not want to appear as a absent father who is shirking his responsibilities and I have yet to be allowed contact with my child despite 2 attempts instigated by me for mediation that were both refused by my ex. I am now not in a position to pursue contact as I have spent over £2000 already on legal fees to prove the child is mine and to attempt to gain contact through mediation.

Back on topic (at last!) I received an assesment from the CSA this morning advising me that I would only have to pay from the date CSA was first claimed, but have yet to receive instructions on payment or a schedule of payment.

As I am self employed I am aware they will not be able to make an attachment of earnings and would like some opinions or advice on whether it is worth witholding payments until terms of contact are agreed.

krashovr10ad

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Under CS1 rules - an NRP is entitled to a personal allowance and reasonable housing costs...
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MJMum

billysmum wrote:

Hi, i get £23.00 a week for 3 children for the last 7 years, csa was not interested in recalculating costs, as ex was originally paying rent to his landlady who he has married recently, so as she owns house outright surely there is no rent to pay.

How do you know she owns it outright? Perhaps they will remortgage it and then his housing costs will INCREASE bwahahahahahah.

Zara33

rare_stuff wrote:

As I am self employed I am aware they will not be able to make an attachment of earnings and would like some opinions or advice on whether it is worth witholding payments until terms of contact are agreed.

Why would you rather withhold payments surely it would be better to contribute something rather than collect a huge amount of arrears, you could also set some money away in a different bank account so not to incur any arrears (does that make sense)

SmileyHappyBeing

MJMum wrote:

How do you know she owns it outright? Perhaps they will remortgage it and then his housing costs will INCREASE bwahahahahahah.

Lil2002

rare_stuff wrote:

As I am self employed I am aware they will not be able to make an attachment of earnings and would like some opinions or advice on whether it is worth witholding payments until terms of contact are agreed.

One missed payment, and the case will be sent to Enforcement. If that's what you want to deal with...

Fair or not, child maintenance is regarded as separate from any access/contact disputes.

sexy_fufu

Zara33 wrote:

So what happens regarding paternity disputes

Zara i just saw your message.

If you have a perternity dispute i suggest you get onto the CSA for a DNA Test.

If the child is yours then it will be backdated from the parent with care got in touch with the csa. If the child isnt yours you pay nothing.

If you want to have a DNA Test then the CSA arrange it, if father refuses he will be taken as the parent, if mother refuses then father will be taken as not parent. If father is parent and he as DNA TEST he will have to pay for the Test which is about £200. If he isnt father then he wont have to pay anythink.

Then it goes through, BUT if father gives up work after this you dont even have to pay the back pay !!... because the assesmnet will go as Nil.

If you want anymore advice just ask.

MJMum

Fair or not, child maintenance is regarded as separate from any access/contact disputes.

It's a shame most PWCs can't realise that :rolleyes:

Zara33

MJMum wrote:

It's a shame most PWCs can't realise that :rolleyes:

You are expressing your opinion on your own circumstances, try not to fit all PWC into the same box.