csa nightmare help please urgently wanted

DUTR

kellymac wrote: »

thank you DUTR but i am at fault. I neglected my child i admit it, i then went for access at court, then my new wife gave birth to my 2nd child, i was bowled over, so cancelled my application. I do not wish to push for access, but now CSA payments have stopped due to me leaving the army, my ex wife has told them i am to receive my lump sum payment which is a substantial amount, and also receive monthly pension, i am worried she can claim against both. Can she do this?

Pension is classed as income, not so sure about the lump sum, so yes you are not exempt from contributing just because you are a 'pensioner' .
The access / morals is a different topic, I stick with my view on that as whilst I understand not every case is the same, in the 21st century of equality, I'm not so sure why so many say 'they do it on their own' when around every corner they recieve help from one source or another.

Crellow4

Your pension is an assessable income, the lump sum can be considered if it brings your assets above £65k.

bll78

Divorce wise I'm still not clear from your response if you had a clean break divorce. Have a look at your paperwork if your not sure. Is there a maintenance order for her (not the CSA) etc..

If you have she can't go for anything.

If not she can but the fact lump sum is to support you whilst you seek other work, and she is remarried will go in your favour. I doubt she'd see anything much from going after it. What have you spent the money on? If you've used it to support you and your family etc.. you'll probably be ok. If you've tried to hide it or frittered it away you'll be in more trouble.

Poppie68

The lump sum isn't redundancy is it part of his pension.. i didn't think the CSA could touch that but your ex could maybe have a claim to a portion if you haven't kept to your agreement.

bll78

Whilst the money is in the bank they will class it as you getting 8% interest on it (which is stupid as noone can get easily 8% nowadays), of this you will pay the percentage CSA.

I assume being in the Army you have lived in Army accommodation all your life. If so I would suggest you use your lump sum to buy a house quickly to live in.
I can't see how anyone could argue, you will be effectively homeless once you leave the Army, and if you live in the house there is no 'assessable income' to be had for CSA.
Also your child from your previous marriage will not suffer as you will still pay CSA from your pension (which I'm guessing will be about £800 a month) and job income once you find one.

The other option is to pay some off on an existing mortgage (but again you need to live in the house) or pay off debts. You need to use it for reasonable reasons to avoid being see as disposing of income, but if your income has dropped (I'm going to guess at it's about a quarter of what it was at that rank) it seems reasonable that using the lump sum to reduce outgoings is normal solution. Bear in mind if you have under £65k in assets then there's no issue.

Finally a question for everyone else, if it's in a joint account with his current wife is only 50% of it classed as his? So if there's £100k in a joint bank account is only £50k his?

bll78

Poppie68 wrote: »

The lump sum isn't redundancy is it part of his pension.. i didn't think the CSA could touch that but your ex could maybe have a claim to a portion if you haven't kept to your agreement.

It's do with money over £65k being classed as having income like it does for other benefits, rather than her being entitled to a slice of it. The idea is to stop a father having for example £2 million in the bank, but no job and therefore not paying CSA unless this rule was in place. The CSA is based upon the income (interest) the money makes per month, but the 8% seems way out of touch with what is achievable especially in banks

Poppie68

bll78 wrote: »

It's do with money over £65k being classed as having income like it does for other benefits, rather than her being entitled to a slice of it. The idea is to stop a father having for example £2 million in the bank, but no job and therefore not paying CSA unless this rule was in place. The CSA is based upon the income (interest) the money makes per month, but the 8% seems way out of touch with what is achievable especially in banks

I don't think he would of got a lump sum anywhere as near to 65k, nearer 36k i would think and a monthly pension of approx £621...

Poppie68

In regards to the lump sum i have known ex wives recieve a good portion of it, even years after a divorce, regardless of joint bank accounts etc but it all comes down to what the divorce papers say...the OP does admit to not holding to his part of the bargain so maybe the PWC will have a claim.

Poppie68

kellymac wrote: »

thank you DUTR but i am at fault. I neglected my child i admit it, i then went for access at court, then my new wife gave birth to my 2nd child, i was bowled over, so cancelled my application. I do not wish to push for access, but now CSA payments have stopped due to me leaving the army, my ex wife has told them i am to receive my lump sum payment which is a substantial amount, and also receive monthly pension, i am worried she can claim against both. Can she do this?

You will live to regret abandoning attempts to go for access just because you had a new baby...Unfortunatly your 1st child will be the one to suffer and the one you will have to answer too when they are older.

DUTR

Poppie68 wrote: »

You will live to regret abandoning attempts to go for access just because you had a new baby...Unfortunatly your 1st child will be the one to suffer and the one you will have to answer too when they are older.

Not that bullying line again
I agree though the child will suffer and it's the pwc and themselves that will have to answer to themselves in reality.