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CSA & priority

I would like to know WHY the CSA can take up to 40% of my husbands wage without his knowledge and no notification.....they dont take into account what his ex has been left... the house and over £20,000 in their savings (not just hers).She has no consideration for our family and has made it clear she just wants to see him suffer, and the children dont even see the money he gives.She has stopped him seeing them when it suits her, made scenes in public and even threatened to damage my car and insulted my 8 year old daughter in front of bus load of kids under 5 as she was a nursery assistant!!!

Whilst I am angry about all this I do understand the responsibility he has to his children but NOT to her anymore as he is remarried now and has responsibility with our family.

Why cant the government and the CSA see this and monitor it better and means test it more, or just something that helps all involved by a fair method. We as a family are now suffering and my husband may have to give up work so we dont loose out, he doesnt want to but it leaves us with no choice. every thing seems very one sided because she has the kids (one 17 one 13) THE GOVERNMENT ARE JUST UNREASONABLE AND ARE MAKING THOUSANDS OF OTHER FAMILIES MISERABLE AND POOR....

It has left us with no money to spare and we are now in debt because of it, we are living off credit cards to make ends meet and pay all the bills. I have contacted my local conservative mp but had no reply and I have contacted a well know channel 5 morning chat show to see if they are going to cover this topic but again no reply..

CAN ANYONE HELP US????????????/// PLEASE???????????
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Comments

  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    They can't take 40% unless there are arrears. The maximum they take is 20% of after tax income for 2 children and as you have a child it will be 20% of 85% of his take home income...i.e 17%. If there are arrears then they will take more but that will just be temporary until the arrears are cleared. Quit work if he wants but he will still have the arrears to pay off even it means coming from his future pension.

    Child support has little to do with the government so don't blame them.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • We need more facts. Why are they taking 40%? Does he have arrears?

    How much does he earn? How much do you earn?
    I do understand the responsibility he has to his children but NOT to her anymore as he is remarried now and has responsibility with our family.

    Csa money is for the children, not her, so I don't understand what you are getting at here. Additionally, even if he has remarried, his children still need supporting, he knew this before he went on to have further children.

    Whyever would he want to give up work? How will you live?
  • Caz3121
    Caz3121 Posts: 15,915 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The maintenance and the divorce financial settlement are separate. If she got the house and savings then this was part of the divorce settlement. Even if maintenance was agreed as part of a consent order through the courts at a lower amount it could still have been superceded if either party went to the CSA after a year. He should have taken proper legal advice as part of the divorce before signing everything over as this does not negate his future obligations for child support.

    As has been said the 40% is only when there are arrears. If he was to give up his job the payment would indeed be a minimal amount but the arrears will not go away, they will still be waiting for next time he works (CSA arrears cannot be written off by bankruptcy either)

    It is easy to say that the children "don't see any of the money" but I assume that, even if she was handed a mortgage free property, they still use electricity, eat food, use the phone/broadband, need clothes.

    You can't let it eat you up. If you are in doubt about the amount of arrears then he should request the details from the CSA. If they are valid then he needs to take some responsibility for the situation you are in.

    My hubbies ex, ran of with another man, he was left with his clothes and some records. She took every asset and savings and went off abroad taking half his wages each month plus he paid for everything for the children (he knows now he was weak, broken and just wanted the best for the kids and was taken for a mug) he ended up with over £20k debt and was living in a single room at his parents at 40 years old. Gradually he took control, said enough was enough, paid the correct amount of maintenance, paid off his debts (took a voluntary redundancy package) and got a new job. Last maintenance payment is imminent, kids are grown and working, ex can't call any shots any more
  • thank you Caz3121 I do understand, but its left us in a terrible state and i worried for us as a couple... people just dont see the whole story do they....and how damaging it is....

    I understand he has paid some arrears, but we relocated in jan this year and it took him 8 weeks to find a job, we informed the CSA....... they could have been more sensitive to OUR needs too....

    He walked away because she beat him up and threatened with a knife, hit him in the car while kids were in the back too, she is violent and greedy... I accept he should pay something just not the amount he pays, which was 285.00 every month, hes only comes out with £1100 a month.... its just so wrong.....
  • annie1975_2
    annie1975_2 Posts: 626 Forumite
    It is wrong. Yes dads should contribute to their children,but when you have a new family that should be taken in to consideration too?
    A friend of mine married a man who had a son.he was paying a fortune to his ex for the child.And sometimes she said she didnt know where the next meal was coming from.
    What got her down the most was he would buy his son clothes because she never bought him any,and his was walking round like a tramp. His ex wife married a millionaire,lived the life of riley and he struggled....So No..It doesnt always get spent on the child.
    I have always thought why should someone pay all this money in maintenance when they struggle themselves.
    When claiming benefits for children,they only allow so much to keep them,(which they say is enough),So for me dads should have a limit on it too.
  • Do you work Wantsalife?

    How much of the £285 is arrears?

    That is 65 a week for two children, 32.50 each. Sounds fair enough to me.
  • Sparklebabey
    Sparklebabey Posts: 196 Forumite
    my husband may have to give up work so we dont loose out, he doesnt want to but it leaves us with no choice.

    Just to advise that if the CSA suspect that a parent has given their job up to avoid child support payments (which is what he would be doing and it would seem awfully coincidental that he became unemployed when they slapped a DEO on him) then they can continue to let the arrears accrue at the rate it is at just now so when he doesn finally go back into employement he will have a whopping arrears bill. And then of course the DWP could sanction him for 26 week for walking out of a job for no good reason. Seems a bit pathetic to me to be honest...instead of walking away from his problems, and leaving his children that he fathered (including any with you) with no financial support, look at ways to increase your household income.

    I also agree that £285 inclusive of arrears for 2 children doesn't sound like alot.

    Should also point out that the CSA get in touch with the absent parent several times to try and get the arrears resolved before they put a 40% DOE on. You should be getting (or have had already) an arrears schedule which will advise how long the payment schedule will last for.

    He should be paying £220 per month (which is 20% of his income). How much do you think is appropriate then since you clearly have an issue with the amount?

    Not entirely sure what you hope to acheive with involving MP's and the telly....if the support payments had been paid then there would be no arrears and hence he would only be liable for the £220 per month...which is 20% of his income which is what every other NRP with 2 kids has to pay.
  • annie1975_2
    annie1975_2 Posts: 626 Forumite
    £285 might not sound a lot,but he has got another family to keep now. And he isnt on a good wage is he?
    So yes £285 is a lot of money...
  • clearingout
    clearingout Posts: 3,290 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    annie1975 wrote: »
    £285 might not sound a lot,but he has got another family to keep now. And he isnt on a good wage is he?
    So yes £285 is a lot of money...

    of course it's a lot of money, particularly in this day and age. However, he has a joint and equal financial responsibility towards his children and I doubt very much that mum is living on less than £600 a month, don't you?

    as for 'having another family to keep', it is of course entirely appropraite that both parents are allowed to move on with their lives, have new families, blend 'old' ones. But that doesn't negate either parent's responsiblity towards their children. Way too many new partners consider it entirely appropriate that they take 3 holidays a year whilst children of the marriage are struggling. By the same token, many PWC move on to better financial pastures and are happy to see the NRP struggle. What do you suggest?

    OP - why are there arrears? do they relate to your husband's period of unemployment? if so, have you been reassessed for that period? is it the reassessment taking months to be done that has caused the arrears? or is there something else?

    I am afraid that I tend to agree that it is more than likely that the CSA have tired to reach an agreement with your husband on arrears prior to taking 40% by DEO. If the PWC has had to manage without the money in her budget for all these months, why shouldn't your household have to struggle to catch up? I appreciate two wrongs don't make a right but things do need to be fair.
  • grummps
    grummps Posts: 192 Forumite
    Are we actually saying that the guy had children with his first relationship and is paying for them and has arrears? Then he is complaining about the level of the CSA payments?

    That I can understand, yet goes on to have more children in another relationship?
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