csa

[StickyNicky]

can anyone help, my partner received a letter this week saying he has to pay �94 a week for his 3 children. We have 2 children in our own family and are already struggling to keep our heads above water. I called the CSA to explain that we couldn't afford it and asked if we can pay as much of that as we can until things pick up. She told us if we didn't pay it would go to court and either bailiffs would be sent, my partners driving licence could be taken away, forcable sale of our home, or prison. Are they really going to punish our family and make us homeless because we can't afford the full amount? If they force us to pay the �94 a week it's only going to be a week or so before we're behind on our mortgage payments. We can't afford a solicitor so all advice very much appreciated.

[guysach]

yes they can .... they work out how much he has to pay by his wage etc etc. he has three more kids he needs to look after he is the father so he should face up and pay. you will just have to cut back.

[divegirl]

Did your partner ever stop to think of his 'first family' when embarking on his second one?
Why should his first children suffer because he couldn't supress his need to populate the world?
And yes, before you ask, I am the parent of a 'first family', whos only crime was to pick a man, whom after 13 years in a relationship, couldn't keep his manhood in his pants!!!!

[divegirl]

Btw....I can't afford a solicitor either, even though I have to work my backside off to keep my kids!!!!

Face reality!

[redcrx]

if you were to have the children in your care every other week that would reduce the payments to the ex wife :)

other than that, theres not much you can do. They are his children and he should pay for their upbringing.

[redcrx]

btw you could go and see the citizens advice bureau, their advice is free.

[StickyNicky]

ok guys, don't judge a book! She went off with someone else thank you very much!! she moved away and took the children with her. He was paying until she stopped the CSA. I am on both sides of the CSA, I have a child for whom my ex pays absolutely nothing and has been allowed to get away with it. I have never met such bitchy people on a forum before! Thank you though redcrx.

[STIDW]

Child support is treated like any other debt and the CSA has no discretion to reduce payments. All your partner can do is check that the assessment is correct and if it isn't appeal the decision.

Your partner's net income should be reduced by 15% for one child living in his household and if he earns more than you Working Families Tax Credit is added before applying the usual calculation. Assuming his income for assessment purposes is over �200/week the basic rate of child support is 25% for three children, minus deductions for the average number of nights the children have overnight contact with him.

The CMOptions website has some useful leaflets to download and there is a calculator your partner can use to check the assessment is correct.

[Beanmistriss]

There is a provision made for people who have other kids living with them

http://www.csa.gov.uk/en/case/expecting-a-new- child.asp

I'm guessing though they know his circumstances and his payments have been calculated based on that. The CAB will be able to offer you advice and check that the calculation the CSA have made is correct.

I suppose the only options are to either reduce your outgoings (smaller house etc) or increase you income. Maybe it's worth trying to persue your childs father for maintainence payments? The csa are bloomin useless but worth a try.

But at the end of the day they are his children and he has a responsibility, along with their mother, to ensure they are looked after and have the things they need. If that means that he has to make savings in his own life thats what he has to do.

[STIDW]

The one piece of information parents seem to have difficulty accessing is that when the non resident parent has children living in his/her household and he/she earns more than their new partner the household's working family tax credits are added to their net income before the CSA assessment.

The Child Support (Maintenance Calculations and Special Cases) Regulations 2000 set out the position in Rule 11, Part IV TAX CREDITS, Schedule , Statutory Instrument 2001 No. 155;


" (2) Where working families' tax credit is payable and the amount which is payable has been calculated by reference to the weekly earnings of the non-resident parent and another person -

(a) where during the period which is used by the Inland Revenue to calculate his income the normal weekly earnings (as determined in accordance with Chapter II of Part IV of the Family Credit (General) Regulations 1987[42]) of that parent exceed those of the other person, the amount payable by way of working families' tax credit shall be treated as the income of that parent;

(b) where during that period the normal weekly earnings of that parent equal those of the other person, half of the amount payable by way of working families' tax credit shall be treated as the income of that parent; and

(c) where during that period the normal weekly earnings of that parent are less than those of that other person, the amount payable by way of working families' tax credit shall not be treated as the income of that parent."

http://www.opsi.gov.uk/si/si2001/20010155.htm# sch

[zzxxee]

talk to a debt management service who can reduce your payments on debts in a debt managment programe to make sure you are liveing ok and his kids still get the money they are entitled to so hopefully everyone is happy.
i agree that his kids need to be provided for but your kids need to have the same right hope you all find a happy medium x