Can a partners income be used for CSA 2

THEALCHEMIST80

hello everyone , I am a newbie member but would like to know a straight 100% correct answer to my question.

Me and my husband have one child but my husband has a child to a previous ex.

My husband pays maintenance under the csa 2 system based on his income only.

My question is purely inquisitive but for my own knowledge I would like to know what would happen if my husband didn't work or was made unemployed, how would it effect his case.

And more importantly would they seek a maintenance figure based on my income as his wife, although I am on SSP at the moment with an intention of returning to work.

I understood that a csa 2 maintenance figure was solely worked out between the 2 biological parents and did not take into account partners income unlike csa 1 did ??

some clarification on this subject would be gratefully received.

thankyou

Crellow4

A partners income cannot be used for CS2 calculations. If you were the only earner and support your partner, then he will have no maintenance liability - not so good for his first child but that's the way it is.

THEALCHEMIST80

thanks for the reply, as I said it is an hypothetical query, realistically we both are employed and foresee being so.

my interest is solely concern of my income being used for which I 100% do not agree with it being used as my husband fathered his child 10 years before we even got together so why at any point should my income be used.

but as you say that was what I was hoping and believe maintenance should only ever be between the 2 biological parents under any circumstances.

CSAworkerx

The only thing on CSA2 we care about ( partner wise ) is tax credits, your income wont be looked at.

THEALCHEMIST80

regards tax credits, I thought if I was the higher/only earner then tax credits are deemed as mine and cannot be used, I know they can be taken into account if my husband works and he is the higher earner but how does my earlier post info change this subject ?

can any tax credits (working or child credits) be used in my hypothetical earlier post ?

thank you again

Marisco

If your oh is the higher earner, all TC's are taken into account. If you earn the same, half the amount is taken into account, and if you earn the most, none of it is taken into account.

So if you are asking what would happen if your oh gave up work and you claim TC's, then as he has no income, he would be assessed as having nil income and would not be liable for maintenance payments. They would not take your income into account or your TC's.

However, morally it's a different story, if you are happy with him not paying a thing towards his child, then this is the road to go down. Many people in this situation (i.e wife earns more, so makes sense for NRP to become "househusband) still manage to contribute something to the NRP's child, as they should. The difference is, you decide how much to give rather than the CSA.

I can see the attraction of the NRP giving up work to avoid childcare costs, if the NRPP earns more, but to do it to get out of paying any maintenance, is IMO, morally reprehensible.

comeandgo

my interest is solely concern of my income being used for which I 100% do not agree with it being used as my husband fathered his child 10 years before we even got together so why at any point should my income be used.

You sound a lovely person. You married him so you help him in all situations, the good ones and the bad.

PreludeForTimeFeelers

Your income wouldn't be used. Tax credits are different as they are based on household income, which is why a portion can be used for child maintenance assessments.

Marisco

comeandgo wrote: »

my interest is solely concern of my income being used for which I 100% do not agree with it being used as my husband fathered his child 10 years before we even got together so why at any point should my income be used.

You sound a lovely person. You married him so you help him in all situations, the good ones and the bad.

If the NRP is working and paying maintenance, then no, the partners income certainly shouldn't be taken into account. However, if the NRP gives up work with the intention of having a "nil income" in order to avoid paying, then morally, the NRPP's income should be counted.

My oh was hammered by the CSA, to the point that we thought we'd be homeless at one point, but if he'd have done anything to avoid paying anything, then I wouldn't have thought much of him!!

Cally_Smart

Same for us,we are still fighting arrears because the CSA.We are having to pay twice over but I wouldn't have though much of a man who did everything he could to AVOID paying at all!

Fission

It's as well to bear in mind that in a situation where the income change is a contrivance (eg where the income from a joint enterprise is said to all go to the new partner, with the paying parent apparently getting either no pay or a low nominal amount), there is the power to treat that parent as having more of that joint income (maybe all of it) on a variation application by the parent with care.