Help or Advice needed - Is there anyone simliar to this???

Ls8male

I am a 30 year old male thats works fulltime, I live with my girlfriend of 9 years. We have two child to each other aged 2 and 4 and also my girlfriend has a 14 year old boy(He is totally dependant on me. No c.s.a or payments for him off his dad).

Part of my problem lies with my other son to my ex-girlfriend. He is 10 years old. She will not allow contact and has not done for the past 8 years.

For me to go to court i must pay £100 to the legal services commission to get a legal certificate. Which i cannot afford, reasons to follow.

Also the thought of me not having overnight contact wud affect the C.S.A payment has i would have shared contact!!! mmm.

Problem 2:

C.S.A contacted me in Mid 2006 basically saying i had to pay £80 per month plus £20 for arrears total £100 which didnt leave much for my family. I missed a payment in dec 2006 so my kids didnt go without. Afterall I dont have any contact whatsoever with my 10 year old! even at christmas. I phoned the C.S.A to arrange to pay a little extra so that they wud get the £100 back. So they said they wud send me a letter with payment slips that i paid with at post office. I didnt recieve anythink till May 2007 saying they wanted 40% of my wages due to a new legislation for arrears. The total they want now is £206.00 a month. Not a chance I dont think this is fair and where is the rights and justice to see my eldest boy.

I cannot pay £206 per month c,s,a and £100 to get to court for access so to i have had to say i cant continue with the legal side to see my kid !!!

I have attempted the legal quite a few times since ex stopped contact but always hit a brick wall or her saying yes and no all the time!

Has for the £206 c.s.a i couldnt really afford the £100 at 1st after paying bills and clothing and feeding the 3 children in our house. So looks like ill have to leave my job.

Any advice or comments would be appreciated.

Zara33

You have a responsibility to support your 10 year old regardless, whether you have any contact or not. Child support and contact are two seperate issues.

You missed a payment so your kids didn't go without, did this include your 10 year old?

Personally i would contact the CSA and ask for a review.
Are they aware of all the children in your household?

Kimitatsu

Unfortunately Zara is right, child support is payable whether you see your son or not.

Go and see your local CAB they will be able to advise you of your rights. Why do you need to pay £100 to get a certificate? Surely most solicitors would let you pay over time?

You may find that the rules regarding legal aid have changed as well, there was a(nother) new set that came out quite recently.

Sorry I cant be more help

kelloggs36

There is no legislation which states that arrears have to be paid over a certain amount of time - they should be fully negotiable. The legislation has always been there which states that you have to be left with 60% of your net income as protected income after they take maintenance plus arrears.
How much are the arrears in total? If you were to pay them off over 2 years, how much would that be per month? Over 5 years? Try and negotiate again, and if they won't budge, get your MP involved.

Zara is right - there is absolutely no link between the legal duty to maintain your child and the contact that you get. Regardless of whether you see your child, you have to maintain him and it is unfair on him (not theh PWC) to deny him in favour of your other children (one of whom you have already acknowledged is not yours anyway). WHilst it is frustrating, it is the law and there is no point in fighting it as you will lose.

Why is your partner's child not receiving child support from his father? I realise it is a sensitive subject and if the father is dead or in prison, then I apologise. HOwever, if she has chosen not to apply for maintenance then you can't blame the CSA for asking you to pay towards your child for some of the financial hardship you claim to have - you could get some help from the other child's father if there was a willingness to ask for it. If it is the CSA who have mucked up and not got any money, or he has a nil assessment, then you have my sympathy, but if not, there may be some help if you want to take it?

Ls8male

Zara33 wrote: »

You have a responsibility to support your 10 year old regardless, whether you have any contact or not. Child support and contact are two seperate issues.

You missed a payment so your kids didn't go without, did this include your 10 year old?

Personally i would contact the CSA and ask for a review.
Are they aware of all the children in your household?

My other 10 year will not have gone without because my ex girlfriend claims DLA for my son who has ADHD (supposedly) I wouldnt know!

C.S.A have been contacted today and are reviewing anyway because they didnt even know who i worked for.

I was going to quit my job but have decided to see how me and family go with paying. I just think they want too much for arrears considering my circumstances with my family. And dont think that i dont want to pay for my child as i do but would also like to see my child. The laws are entirley in favour of the Mothers. I am now seeking a solictor to get access. And i am also seeing CAB to see what help I can get.

P.S Do my children get £190.04 each a month????

Zara33

Ls8male sorry but once again whether your ex partner gets DLA for your child is of no concern with regards to child support.

kelloggs36

that's right - she could be a millionaire, but still you would have to pay something to support your own child. I agree that it is awful that she is being obstructive and wish you all the best in that respect, but you need to forget the link between the two as you are on to a loser there and you will only get yourself more upset about it.

kelloggs36

Ls8male wrote: »

My other 10 year will not have gone without because my ex girlfriend claims DLA for my son who has ADHD (supposedly) I wouldnt know!

C.S.A have been contacted today and are reviewing anyway because they didnt even know who i worked for.

I was going to quit my job but have decided to see how me and family go with paying. I just think they want too much for arrears considering my circumstances with my family. And dont think that i dont want to pay for my child as i do but would also like to see my child. The laws are entirley in favour of the Mothers. I am now seeking a solictor to get access. And i am also seeing CAB to see what help I can get.

P.S Do my children get £190.04 each a month????

In terms of housing costs, heating, feeding, lighting, clothing, day trips, holidays, presents etc probably. It doesn't matter how much it costs to bring up a child - it cannot be worked out as it is totally subjective and is based on income of parents. THe PWC is already making the contribution by paying all the above, and it is only fair that you make a contribution too. IN fact, under the new scheme your new children get MORE allowed for them than your other child and so does the child that isn't yours.

Ls8male

Zara33 wrote: »

Ls8male sorry but once again whether your ex partner gets DLA for your child is of no concern with regards to child support.

Thanks for all replies: Im just having a gripe because i dont agree with the amount they are taking cos of arrears. The C.S.A are well known for there mistakes and they were partly to blame for me getting arrears believe it or not.

I just wanted to get my accross and to see what sort of answers and comments would be posted.

I also know that contact and child support is in no way connected, again i just think the whole system todo with access and children is not fair in some cases.

I am in know way saying that i should not pay towards my sons upbringing. But I think the C.S.A should have more of an heart and consider how it affects other families when deducting money.

kelloggs36

I agree - what are the figures we are talking here? I am asking because it may be realistic to pay off the arrears in a set period of time. What have your tried to negotiate with them?

Ls8male

kelloggs36 wrote: »

I agree - what are the figures we are talking here? I am asking because it may be realistic to pay off the arrears in a set period of time. What have your tried to negotiate with them?

To start of C.S.A wanted £80 a month and £20 for arrears total £100 month.

Now they said the new law they can take upto 40% of my wages i told the simply i cannot afford it they said they can do it no lower than 20% and that is what they are now going to get.

So my C.S.A payments have nearly doubled.


My Income: Wage £850 net(per month) WTC £130 per month Total £980
Bills: Rent £200 per month
Council Tax £80 per month
Loan Repayment £130 per month
C.S.A £190 per month
Utility Bills £100 per month
Car Insurance £50 per month
Other Bills i.e phone,internet £50 per month

Total £800

So this leaves £50 = £450 Child tax credits (My girlfriend recieves) = £500 / 4 = £125 a week to feed and clothe my family thats it *lmao* nowt left.

There is no point me working!