Child support help

chuffer5

Hello , my husband has not paid anything towards his kids for over 6 mths since we spilt up , he is not working only illegal stuff , he is coming into some inheritance from his late dad around 50-60 k is it worth me starting a csa claim do they deal with inheritance he obviously isnt working , my kids deserve some of this inheritance before he gambles it all away thanks for any advice

tacpot12

The Child Maintance Service doesn't normally take savings into account, but the information in this link explains that they can do so in certain situations: Child Maintenance: When is capital, income? (osborneslaw.com)

You would need to start a CSA claim, and then as for a variation to take his capital into account, before he can spend it. 

The alternative is to put your very reasonable point to him, that his children could benefit greatly if he were to give them some of his inheritance, e.g. if he gave each of them £10,000 to be invested in a Junior ISA until they were 18, neither he nor the children could spend it, and it would grow and potentially be very useful to them as a deposit to buy a house.  He could open the Junior ISA himself. 

chuffer5

Thank you he wouldn't do that for the children no way he doesn't care about them he is on drugs will gamble it all away been a horrible marriage he is a narcissist hence why i want to try get my children some of the inheritance from there grandad its what he would want,  so i would say getting in touch with csa is my best bet then do they have powers to stop him spending it ? 

tacpot12

They can't really stop him spending it, so there is probably not much point asking the CMS for maintenace. He has no incentive not to spend it, other than anyting you can convince him of. If you can't talk to him, does he have any brothers or sisters who you could approach to see if they can put the idea into his head?

poppy12345

chuffer5 said:

 do they have powers to stop him spending it ? 

No one has any "powers" to do that.

Clearchem

The cms can assess capital over something like 31250 if not generated from income already assessed eg inheritance. They assume a punitive 8% income generation from it. 8% of 50k is 4k per year. At 16% (assuming 2 kids, op does not say how many there are) this would be 640 per year or 53 per month. They cannot stop him spending the capital. Once the capital reduces below 31250 there is no liability.

ZaSa1418

chuffer5 said:

Hello , my husband has not paid anything towards his kids for over 6 mths since we spilt up , he is not working only illegal stuff , he is coming into some inheritance from his late dad around 50-60 k is it worth me starting a csa claim do they deal with inheritance he obviously isnt working , my kids deserve some of this inheritance before he gambles it all away thanks for any advice

The only way you will be able to get maintenance is to contact the CMS if he won't agree to pay maintenance.
No one is entitled to inheritance ever, if his late dad wanted your kids to have some of his estate/ money he would have left them some. 

tightauldgit

chuffer5 said:

Thank you he wouldn't do that for the children no way he doesn't care about them he is on drugs will gamble it all away been a horrible marriage he is a narcissist hence why i want to try get my children some of the inheritance from there grandad its what he would want,  so i would say getting in touch with csa is my best bet then do they have powers to stop him spending it ? 

If it's 'what he would want' then why didn't he leave it to them in his will? Sounds like you might be assuming what suits you here to be honest.