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Csa1 confused partner

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Hi
I am very confused, my partner had a child 16 years ago, and is on a pre 2003 csa agreement. They have no contact and he pays the csa.

We began dating four years ago and had a son together two years ago and we have a second on the way.

The csa have written to us and asked for my employment details and wage slips and from what they have said they are going to take my earnings into account. We have lived together for about three years so I can only assume that they will plan to backdate these payments.

However, I do not see why I work full time to support my children and should have to pay for a child that is not mine to the csa. He pays and I am in full support of him paying, but the child has nothing to do with me.

We currently are not married. We do not have a joint bank account. We have had a mortgage together for around 16 months, and that is the only financial link. I pay all the bills and mortgage from my bank account and he pays me half the sum each month. We pay half each for food and daily shopping etc.
What I earn is mine and what he earns is his. I am having a very hard time dealing with the idea that I am going to be held responsible for and to contribute towards csa payments as they will take my earnings into account as household income. In my eyes it is not household income, it is my income as we keep our finances separate.

As it is an old system I can't find information about how much the payments will increase. He is currently on around £26000 per year and I earn around £35000.

Could anyone advise me on the best course of action?

Many thanks in advance x

Comments

  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Someone much more experienced than I will come and provide more detail, but my understand is that the principle of csa1 is that when a nrp starts living with a partner, they are expected to share bills, which indeed, is what you have confirmed as you started paying half the mortgage costs. On that basis, his costs go down and therefore it is right (according to this principle) that he should pay more in maintenance.

    This means that -in principle again-, you are not expected to pay towards the child, but you are expected to contribute towards the costs of the household, leaving more income to the nrp to contribute towards the maintenance of his children.

    I understand that you could close a csa1 case to open a csa2, but there seem to be some arguments as to whether a nrp can request this or whether only the pwc can. I am not sure whether this would even still apply now as I understand all new cases are processed under yet a new system.
  • Hi
    Thanks for replying.
    I have never dealt with the csa before and here that many horror stories I guess I have panicked.
    Thankyou for explaining that my household contributions means he has more of a disposable income as I pay half the bills etc.
    I panicked that because they want my employer contact details and wage slips that they are going to start asking me for money. Where as I guess it will be his payments that it will affect.
    To be honest I am cross with him as 2 years ago when we had our first child he contacted the csa and they said it wouldn't affect anything. I thought that to be incorrect and he asked for all the house outgoings when we first moved in, which I gave him.
    It would seem he hasn't done anything to let them know about his circumstances and so it will probably end up with him paying arrears (if that's correct) for the 16 months we have lived togther in the house. Well so he should and he will moan about it but he should have contacted them sooner it would seem.
    Seeing as he has been dealing with the csa for years he should know better and should have contacted them. If that means he is out of pocket then so be it.
    I may sound harsh but we have separate finances and keep our income sepertely and I deal with all the bills etc as I have been stung by a partner in the past. I prefer to know my commitments are paid and not left to someone else to pay.
    His money is his. His child his is. And our child is ours. I find it much easier to keep things separate.

    Panic that my employer and csa communication (makes me feel like I've not paid for my child) and panic that they will ask me for money.

    But it's his payments that will change.

    Hope I have understood your reply and Thankyou x
  • Crellow4
    Crellow4 Posts: 276 Forumite
    In an 'Old Rules' case, the CSA aims to make 3 assessments. The first is to establish 30% of your partners income - that's the easy bit.
    The second assessment is called the Exempt Income assessment and is largely based on his income only. I say 'largely' as you have 2 joint children. Your income is sought to see whether you can contribute to the children in your household. If you are working it's entirely reasonable that you are expected to support your own children. If you are working it is likely that your partner will only receive half of the child allowances and half of the family premium when calculating how much of his income is 'exempt' for child support purposes. In this assessment he will also receive an allowance for all of the mortgage or rent payable.
    The third calculation is termed a 'safety net' assessment. It was introduced to give consideration to second families where the children in the household are not the natural children of the NRP. Your income is looked at here - as again your partner would be given allowances for ALL the children in the household.
    The liability is always the lowest of the three figures, so your income does not make him pay a higher liabilty except to the extent that he will not receive full child allowances for your joint children.
    You can choose not to supply your income details in which case you will be assumed to be able to make an equal contribution to your own children and the third assessment will not be made.
    Hope this helps.
  • Crellow4
    Crellow4 Posts: 276 Forumite
    Incidentally, the effective date for the change will either be the date the CSA were notified of the change, or if you decide not to supply your details, the change will be effective from the payday following the date of the decision - it's called an Interim Assessment and attracts a future effective date.
  • poppet2014
    poppet2014 Posts: 11 Forumite
    Pm'd you x
  • When you say they have written to "us" I assume you actually mean your partner? This happened to my friend's partner, he replied and refused on the basis that 1) he had no idea what she earned 2) she had no knowledge of this child (a lie). They never heard anything else as CSA cannot contact you (new partner) as this breaches the data protection act :-)
  • 13Kent
    13Kent Posts: 1,190 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Have sent you a pm.
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