We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Child Support - Ex husband paid nothing, now making claim

jrd
Posts: 23 Forumite
Would really appreciate some guidance on this.
My sister's husband walked out 5 years ago, after deciding he no longer wanted to be married. They have 3 kids (17, 15 and 13).
They had numerous debts at the time and a house with a charge in for his previous bankruptcy. The house had to be sold, as she couldn't afford to keep it on her own, and he is an utter waster - he's had more than 30 jobs in less than 20 years, and "not working" ie taking benefits whilst doing cash in hand jobs to fund his nights out.
Luckily for her, my parents came into some money and bought a house for her and the kids to live in. She works and pays all the bills etc.
They have not divorced, and due to his attitude to work she has not received any money from him since he left. He now has a new partner he lives with, who has a child from a previous relationship.
And now comes the crunch - the 15 year old has now moved in with his dad; due to problems at school he's moved to the school where his dad lives. And he now wants 15% of his wife's money in order to support his son; and apparently this is what he is claiming via the CSA.
Apart from the obvious distaste at the money-grabbing leech's actions, what, if anything, can she do to prevent this from happening?
This whole story in some ways epitomises what's wrong with the UK ts - in some respects I've got very little sympathy for my sister as the choices she has made in the past have contributed to the position she is in now, and despite significant financial (from the state and from the family) and emotional support she's continued to make regrettable decisions. But, she is my sister, and I'll help her if I can - even if it's simply seeking advice and knowledge.
Thanks
Jon
My sister's husband walked out 5 years ago, after deciding he no longer wanted to be married. They have 3 kids (17, 15 and 13).
They had numerous debts at the time and a house with a charge in for his previous bankruptcy. The house had to be sold, as she couldn't afford to keep it on her own, and he is an utter waster - he's had more than 30 jobs in less than 20 years, and "not working" ie taking benefits whilst doing cash in hand jobs to fund his nights out.
Luckily for her, my parents came into some money and bought a house for her and the kids to live in. She works and pays all the bills etc.
They have not divorced, and due to his attitude to work she has not received any money from him since he left. He now has a new partner he lives with, who has a child from a previous relationship.
And now comes the crunch - the 15 year old has now moved in with his dad; due to problems at school he's moved to the school where his dad lives. And he now wants 15% of his wife's money in order to support his son; and apparently this is what he is claiming via the CSA.
Apart from the obvious distaste at the money-grabbing leech's actions, what, if anything, can she do to prevent this from happening?
This whole story in some ways epitomises what's wrong with the UK ts - in some respects I've got very little sympathy for my sister as the choices she has made in the past have contributed to the position she is in now, and despite significant financial (from the state and from the family) and emotional support she's continued to make regrettable decisions. But, she is my sister, and I'll help her if I can - even if it's simply seeking advice and knowledge.
Thanks
Jon
0
Comments
-
Would really appreciate some guidance on this.
My sister's husband walked out 5 years ago, after deciding he no longer wanted to be married. They have 3 kids (17, 15 and 13).
They had numerous debts at the time and a house with a charge in for his previous bankruptcy. The house had to be sold, as she couldn't afford to keep it on her own, and he is an utter waster - he's had more than 30 jobs in less than 20 years, and "not working" ie taking benefits whilst doing cash in hand jobs to fund his nights out.
Luckily for her, my parents came into some money and bought a house for her and the kids to live in. She works and pays all the bills etc.
They have not divorced, and due to his attitude to work she has not received any money from him since he left. He now has a new partner he lives with, who has a child from a previous relationship.
And now comes the crunch - the 15 year old has now moved in with his dad; due to problems at school he's moved to the school where his dad lives. And he now wants 15% of his wife's money in order to support his son; and apparently this is what he is claiming via the CSA.
Apart from the obvious distaste at the money-grabbing leech's actions, what, if anything, can she do to prevent this from happening?
This whole story in some ways epitomises what's wrong with the UK ts - in some respects I've got very little sympathy for my sister as the choices she has made in the past have contributed to the position she is in now, and despite significant financial (from the state and from the family) and emotional support she's continued to make regrettable decisions. But, she is my sister, and I'll help her if I can - even if it's simply seeking advice and knowledge.
Thanks
Jon
Come on be fair and not sexist, child support is child support, PWCs are not money grabbing leeches!
There is little she can do to avoid paying CS .
I suppose she could have doubts as to whether he is the father and make him have a dna test0 -
I guess the question is - can she claim backdated CSA from him for the period when he didn't contribute towards the children's upkeep?
It was the dad's decision for him to change schools, and therefore move in with him (the first and only decision he's amde in the last 5 years) - can't she now decide to send her son back to a school where he can live with her.
He still calls her house home by the way.0 -
Agreed. She must pay child support. If the son stays over at her house then she can deduct 1/7th for each night on average each week that the child stays over rounded down to the nearest whole number.I guess the question is - can she claim backdated CSA from him for the period when he didn't contribute towards the children's upkeep?
It was the dad's decision for him to change schools, and therefore move in with him (the first and only decision he's amde in the last 5 years) - can't she now decide to send her son back to a school where he can live with her.
He still calls her house home by the way.
No she can't claim backdated child support unless she had an open CSA case and payments had not been made as ordered. As he had no provable income then the assesment would have been NIL.:footie:Regular savers earn 6% interest (HSBC, First Direct, M&S)
Loans cost 2.9% per year (Nationwide) = FREE money.
0 -
I guess the question is - can she claim backdated CSA from him for the period when he didn't contribute towards the children's upkeep?
NO (there was no case open (was there?))
It was the dad's decision for him to change schools, and therefore move in with him (the first and only decision he's amde in the last 5 years) - can't she now decide to send her son back to a school where he can live with her.
I don't know, but if he is the PWC then he calls the shots on the schooling to a large extent.
He still calls her house home by the way.
It seems both your friend and her ex needs their heads bashing together, this silly bickering is of no use to the children, and you getting involved may lead you to being the enemy if they ever decide to re-kindle0 -
DUTR - thanks for your replies.
There is no way they'll come to any form of agreement. It seems incredibly unjust such an individual can manipulate the system to his own benefit by claiming it's his right.
Having discovered some of his "cash in hand" activities from the kids, I think a telephone call to the authorities might elicit some form of retribution.0 -
DUTR - thanks for your replies.
There is no way they'll come to any form of agreement. It seems incredibly unjust such an individual can manipulate the system to his own benefit by claiming it's his right.
Having discovered some of his "cash in hand" activities from the kids, I think a telephone call to the authorities might elicit some form of retribution.
If he has cash in hand work then he should be declaring the profit to the HMRC. Profit can easily be reduced by having expenses. If his profit is below £8,105 then there is no tax to pay anyway and the CSA assesment would have been £20 per week.
If she knew of this cash in hand self employment work then she should have raised it with him and/or CSA, HMRC to get the £20 per week.:footie:Regular savers earn 6% interest (HSBC, First Direct, M&S)
Loans cost 2.9% per year (Nationwide) = FREE money.
0 -
Thanks Happy.
The point about his "right" is primarily regarding his dubious morals - he chooses to play the system for his own benefit, rather than adhering to the parts of the system which should apply.
She didn't know about his cash in hand work until very recently so couldn't do anything about it.
As she has care of the other 2 kids, can't she now claim CSA from him for those 2?0 -
She can certainly make a claim for the other 2 via the CSA (assuming the eldest is in full time qualifying education)
Also she will not be assessed at a straight 15% as she has 2 children in her home it will be (net income less 20%), then 15% of that
He likewise will be assessed as (net income less 20% (2 children in his household)) and 20% of that
beware they will also include tax credits as income0 -
Who is claiming the Child Benefit for the 15yr old?0
-
all other things aside - if someone is classed as the principle carer of a child e.g receives child benefit then they are entitled to make a claim to the csa for child maintenance - if a positive assessment is made then comes down to the non resident parents circumstances as can be proven (i.e cash in hand may not be able to be taken into account if no proof can be provided that this exists). If your sister made a claim to the agency this will still be open (unless she asked for it to be closed) however it may have been assessed for the childrens father to not be liable to pay if he had no earnings at that time. A request can be made for the case to be looked at again with a view to finding his current circumstances. However she will be expected to pay maintenance for the child that no longer lives with her whilst that child remains in full time education and the amount she will be expected to pay will be based on her current income.Comp Wins 2011 : Cant wait to start listing everything:j:j:j0
This discussion has been closed.
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 351.9K Banking & Borrowing
- 253.5K Reduce Debt & Boost Income
- 454.1K Spending & Discounts
- 244.9K Work, Benefits & Business
- 600.5K Mortgages, Homes & Bills
- 177.4K Life & Family
- 258.7K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards