csa and stepchildren

emb_a

Hoping someone may be able to advise...
My husband has a 7yr old child overseas, he has not had any contact for over 5 years and only met him once as a baby.
We married when I had 2 children from my previous relationship. Their father died so I have no financial support. As we were unmarried when he died, I received no widow allowance or bereaved parent allowance etc. I had no additional income or financial support than any other single parent.
I met my now husband,we married and have a child together.
So in short we are a married couple with 3 children to support. He has not adopted them but provides as the breadwinner and they have taken his surname. My husband advised csa of our marriage, sons birth and also taking on my children when we married. He (and I) have no objection paying for is son even though he has no contact or input in his life at all. We just feel the payments are excessive and we can't meet them without our children going without.

My question is that his ex wife is appealing to csa saying my children should not be allowed to be considered in calculating the csa payments to her. We are currently appealing this decision but as it is overseas there's lots of delays and legal jargon with differing laws abroad. I wondered if anyone has any advice on what the outcome is likely to be and any general advice?

HoneyNutLoop

Hi,
I'm a little confused by your post. You refer to the CSA, which on this forum normally means the Child Support Agency in the UK. But you also say the PWC lives abroad and that there have been problems with delays due to the different laws abroad, which would suggest you don't mean the UK CSA.

In order for anyone to provide an accurate answer, we would need to know which jurisdiction is responsible for deciding the maintenance payments. From what you have said, it is unlikely to be the UK CSA.

Normally it would be the country, or in the US, the state of the person applying for a maintenance determination, and then this is enforced by REMO in the country of the person who should be paying, if that country is different.

So, what country/state is deciding the child support amount?

emb_a

Thanks for your response. The child and PWC live in Australia. My husband pays through the Australian child support agency.
At first the addition of my children was accepted and the payments recalculated at the time of our marriage. The pcw appealed a few months ago and it was upheld, payments increased.
I have now taken a part time job and pay childcare as the payments meant we were unable to manage financially to support our 3 children since the calculations changed.
My husband is appealing his case to the social security appeals tribunal Australia to amend the calculations to include my other 2 children.

NotSuchASmugMarriedNow

Your husband has to support all of his children regardless. The more children there are the less money there is to go around, that's how it works I'm afraid.

jacklink

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HoneyNutLoop

Hi,
This is copied and pasted from the Parent's Guide to Child Support, published by the Australian CSA:
Step-children
Where a parent has a second family that includes step-children, the responsibility of financially supporting the step-child may rest with that parent if neither of the child's biological parents Can pau for their costs of their child. For example, due to illness, death or caring responsibilities.

In special circumstances, parents with child support children who also care for a step-child can apply for a change of assessment to have their child support payments reviewed. It doesn't matter whether the step-parent pays or receives child support, as long as they need to support the step-child, who is living with them, with their income.

To have this care recognised, the parent must be able to demonstrate all of the following:

• they have lived with the parent of the step-child for a continuous period of two years or more
• both of the parents of the step-child cannot support the child because of:

- death
- ill-health that prevents them from working
- their caring responsibilities - for example caring for a young child or A child with disabilities

• the step-child is aged under 18 and not married or in a de facto relationship

For more detailed information refer to The Guide at https://www.csa.gov.au

Link to the booklet this is taken from: http://www.humanservices.gov.au/customer/publications/cs4110

The relevant section of "the guide" that covers this scenario is here: http://www.humanservices.gov.au/corporate/publications-and-resources/child-support-guide/part-2/2-6-16

It would seem that in order for your two children to be considered in your husband's assessment, you must be considered unable to support them yourself, for one of the reasons outlined.

jacklink

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shoe*diva79

Big_i5_Beautiful wrote: »

This was an issue for myself and my husband when we first got together. Although it wasn't the CSA then but the old Social Security. My husbands first wife walked out on him taking their child with her.
When we had a child of our own my husband lost his job and when he tried to claim benefits they said that my salary should pay the voluntary maintenance, we were told that subsequent children made no difference, the first one must be supported.
Who was the one to end the relationship, him or her, if she is in another relationship now that may make a difference as she may not qualify any-more. As they live so far away it's difficult for him to know whether she actually is really entitled any-more.

Very short sighted of you. So what if she ended a relationship she wasnt happy in? So what if she is in a new relationship? Its not that mans job to support a child which isnt his (although if they live together then he will do without moaning about it im sure)

The child still needs supporting no matter what the circumstances by both its mother and father.

FBaby

The more I read about the Australian system the more fit for purpose it seems to be compared to the UK system.

PreludeForTimeFeelers

FBaby wrote: »

The more I read about the Australian system the more fit for purpose it seems to be compared to the UK system.

I think that the Australian system was actually used as the basis for the 2012 scheme.

Crellow4

It was, I remember staff from Australia visiting a CSA site I worked at in Co Durham!