They are not my kids so why do I have to pay?

Kungfukitty · 8 February 2009 at 3:59PM

Hi

My partner is a sole trader and is not making much money, despite being very good at his job, and hasn't done so for many years. When we got together my partner and his ex had an informal financial agreement in place . But after a silly falling out she withdrew access to the children (from 3-4 nights a week down to 1) and went to CSA.

The original assessment came out at £6.24 a week, (much less than the in-kind contribution we were making), but she applied for a departure from the rules order because I had refused to give my income details and she hopesd to get more money. The assessment came back at £20 a week, saying that I should contribute 80% to my partner's housing costs. I strongly objected and my partner put in an appeal.

Both my partner and I want to contribute to his kids upbringing, but we can't afford any more. I have two children, that I brought up single handedly, with no CSA payments. Now they are both at University I am still responsible for helping them out financially and to pay this extra to my partner will result in me having to withdraw my own kids financial support. The CSA does not recognise them as children as they are over 18.

We have been asked if we want to proceed with the appeal and I am in two minds as whether we should do so. We have been told by the appeals department that if I don't supply my details then they will assume that I am on a good salary and make a decision on this assumption. As I do not earn a high wage a decision going against us would cripple me. The thing is if I fight this, the only way I can do so is by proving I can't afford to contribute and consequently give them my income details. I still do not want to do this as what I earn has nothing to do with the CSA! I don't even have a legal obligation to support my partner.

I feel that the CSA are blackmailing me into supporting my partner further so he can support his children.

What makes matters worse is his children would not be financially better off. They have everything they need and more besides as their mother is on a very good salary (twice what my partner and I earn) and is getting married very soon to her partner who is also well paid.

Does anyone know whether the CSA have been challenged on this? Can they really force me to support my partner when I have no legal responsibility to do so? Could I take them to court for emotional blackmail?

Should we continue with the appeal even though my refusal to co-operate will mean a punitive assessment against my partner if we lose?

I am in complete despair! Any advice would be grreatly appreciated

Kitty

Silaqui · 8 February 2009 at 4:15PM

Hi Kitty,
I have no children or experience of this so not really in a position to answer any of you questions but I am sure there will be others along who have more understanding of how this all works.
It sounds completely unfair though, especially if you have your own children to support through uni - funny how they count as your children for the university fees/loans that you would have had to pay but not in this case

.
Hope you manage to get things sorted out.
xx

missprice · 8 February 2009 at 4:23PM

Hiya

its a personal decision

however
if you refuse to give your details, they will assume you can pay half and only half.

i have been in the same place as you and i insisted the partner refuse to even tell them my name as it is none of their damn business.

they assumed i could pay half, at the time i was so angry at this he took them to a tribunal and told them i could pay nothing (it was not true but i hate the way they try to bully people) they had no choice but to accept i could pay nothing as i refused to give them details of me or my work. he was on pain of death if he told them so much as my date of birth.

so if it siuts you to tell them fine and if not dont

Kungfukitty · 8 February 2009 at 4:32PM

The orignial decision was that I had to cover 80% of my partners housing costs. Are you saying that that decision is illegal? I have also been informed that if it goes to appeal they could make me pay 100% of his housing costs!

Thanks

Feline_friendly · 8 February 2009 at 4:37PM

Bloomin eck! I am a PWC and a NRPP...when my hubby was asked for details for his assessment he was never asked about me. Not sure if it's to do with CSA1 and CSA2.

I'm sure someone who is in the know will be along soon to help you better.

seven-day-weekend · 8 February 2009 at 4:47PM

I do not see why your income or any other details should have anything to do with the CSA and I would be livid if it was me.

I hope it works out OK for you.

hamstercheeks_2 · 8 February 2009 at 4:51PM

is itCS1 or CS2??

Under CS1, the NRP's partner's income can be taken into account, although they are not LEGALLY liable to disclose their finances. In some cases, it is beneficial to the NRP for their partner to disclose their income if they are on a low wage or are a non-earner as the CSA will automatically assume that the NRP's partner can contribute to 50% of the bills/housing costs, thereby upping the NRP's maintenance payments (as they are assumed to have more disposable income). Obviously, if the NRP's partner is not earning, or earns a low wage, then they can't contribute to the housing costs!

marksoton · 8 February 2009 at 6:26PM

As much as i hate the way CSA1 cases can involve an NRPPS income in this case you don't really have a choice. The whole point of the appeal process is to look at the facts and come to a decision. By not giving your details you are tying their hands behind their backs and not allowing them to see all the facts.

You have two choices. Submit your details and hope the appeal panel find in your favour. Or refuse to submit your details on principle and accept that by doing so they cannot possibly have all the facts and will almost certainly find against you.

Not a nice choice i grant you.

LizzieS_2 · 8 February 2009 at 6:30PM

Without posting actual income details - what % of the total is your earnings and what is your partners?

kelloggs36 · 8 February 2009 at 6:33PM

missprice wrote: »

Hiya

its a personal decision

however
if you refuse to give your details, they will assume you can pay half and only half. Not true-. They can assume anything from half up to 100%.

i have been in the same place as you and i insisted the partner refuse to even tell them my name as it is none of their damn business.

they assumed i could pay half, at the time i was so angry at this he took them to a tribunal and told them i could pay nothing (it was not true but i hate the way they try to bully people) they had no choice but to accept i could pay nothing as i refused to give them details of me or my work. he was on pain of death if he told them so much as my date of birth.

so if it siuts you to tell them fine and if not dont

You are the only one who know whether you earn more or less than your partner. If you earn less than your partner, then you really should provide your details as it will reduce the departure amount. If you look at your incomes and compare them and you earn a lot more, then you don't have to provide the info and the appeal will fail.

kelloggs36 · 8 February 2009 at 6:35PM

Kungfukitty wrote: »

The orignial decision was that I had to cover 80% of my partners housing costs. Are you saying that that decision is illegal? I have also been informed that if it goes to appeal they could make me pay 100% of his housing costs!

Thanks

So no, the decision is perfectly legal. In effect they could indeed say you could pay 100% of the housing costs - it depends on how much you earn compared to your partner.

They are not my kids so why do I have to pay?

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