CSA

stevos_uk

Hi , My Wife recieves CSA payment for my Step-Daughter who is resident with us. Her father and his wife have just moved into a large 3 bedroom house from there one bedroom flat, they have no children of there own.

What has happened is that because of the new mortgage being considerably higher his CSA payment have been reduced from £250 a month (as he has a good gob) too £100. It looks like a non resident father can max-out his mortgage to avoid paying for his child? ???

I have heard that the CSA have a new system for new applicants, Is anyone in the same situation? or has anyone swapped to the new system of 15% of wages (no housing costs)? , does it work?????

Thanks

trafalgar_2

Surely that shouldn't happen ...........it's lowered just because he moved house :-/

I would post this on the benefits board ,they might be able to advice better there

iluvfreebies

Hiya
unfortunately there is very little the Csa can do about this I have saw it happen soo many times the NRP (non Resident Parent) moves in order to increase his mortgage or starts to pay as much as he can into a pension scheme and there is nothing anyone can do to stop it
The parent with care can asked for a departures (they can look at things not necessacerely in the csa formula) such as the nrp living beyong his means i tihnk they may also look at excessive housing costs
this can be a lenghtly process but can get a result.
On the new system although it is basically 15% of his net wage with an allowance for any children he already has he can apply for a variation (new word for departures) to take into account his mortgage if it is extremely high.
sorry this post goes on a bit let me know if there is anythin thats not too clear or if i can help further
and good luck!!

16011996

i would speak to the csa, they are very helpful, and also get a post on the benefits board and see if anyone there can help, and i wish you the best of luck.

missprice

to get your case tranferred to the new system close the present case for 13 weeks.

to do this the resident parent cannot be on benefits ie, income support, jsa (wftc is not a benefit in the eyes of the csa)


the absent parent has done nothing illegal or wrong. think of it this way: if you have a giant bill thats going to make your life difficult for the next 18 years, wouldnt you prefer to reduce it and pay more of your house off/have more in your pension. would you really not take the same route.
be honest now this is a money saving site

simone

filigree_2

Does the ex see his daughter? If he's got a nicer home now she will benefit from that when she visits him.

AFAIK the new CSA rules don't take the NRP's mortgage into consideration.

stevos_uk

Thanks for your replys,

I am in no way saying that any NRP buying a new house is wrong as he may be providing a good life for his family and future children. I just think that it is wrong to be able to avoid payments for a non resident childs upbringing and in our case in the past he denied she was his child to the CSA, at the same time telling the family court that she was his child to get more contact makes me think that the reason for his move is mixed.

I have also got a mortgage but would never think of upgrading to the detriment of any of my children.

Also He has weekly contact and monthly staying contact, which my step-daughter enjoys, he could have more but for his shifts... he doesnt have to climb Buckingham Palace or anything...

Thanks for the advice and for letting me get this off my chest.. ::)

16011996

thats ok, its what we are here for, anything you need help with just ask. it must be very frustrating, the more i've thought about it, the more i can see why youre mad. take care,

160.

jockettuk

tell the nrp what i told mine.. oh goody a bigger house for your daughter to inherit ... he said that his new wife was the next of kin and i said so is your daughter she gets equal shares in your estate (i have checked this out legally) and i told him that if they tried to out do her of her inheritance in the event of his death before she was 18 i would freeze all his assests till it was sorted... should have seen his face was a picture .. and when he went and found out i was telling the truth his attitude soon changed..

ln9ae

Is this realy true, is this just in his case, or are you saying that potentially the house that i have bought with my husband (in the event of his death) his son could stake a claim on?

jockettuk

my daughter is within her right to claim part of her dads estate if he died , i can do it on her behalf if she is under 18. she is after all his child and if he didnt provide for her financially in his will or if no will and the new partner got everything then yes she could claim on his estate... doesnt mean that the new partner will be thrown out of the house etc though

in the event of two people on the morgage she can claim only on his half if for instance the father got terminally ill and knew he was dying and transfered his half to his new partner then my daughter still can claim but that leads to assests being frozen etc.

After all she is his flesh and blood and in the event of my death she is sole benefactor and if i move in with my partner and we buy a house together i will change it to provide for both..

most solicitors and judges wouldnt give a child half a house if they had been financially provided for in the will ..

I know this as i checked it all out with my solicitor as i still live in the house me and my ex bought and we will get half each on selling but i needed to know what would happen on his or my death so our daughter was provided for. he moved in with his new partner and i wanted to protect my daughters future if the worst happened.