What happens to DSD's maintenance if DH stops work?

[pinata]

I'm on maternity leave at the moment, hoping to go back later this year and DH and I have been discussing whether it might be worth him staying home with DD

In this situation, what happens to maintenance payments? At the moment, they go direct from his salary via the CSA. Am i right in thinking the CSA would not do an assessment on my salary and maintenance would need to be worked out privately?

I should mention, this is not a case of us wanting to get out of paying or similar. DH plans to set up a business from home, but for the first few months we'll be relying mainly on my income. So, I just wondered whether in this situation it goes via the CSA. If not, the plan is to continue to pay the same amount he currently pays

[Surfermum]

Dh has set up his own business and isn't earning at the moment, but we have continued to make the same payments to the CSA from my salary. He pays by standing order though, so as long as they are receiving the monthly payment they're happy - as is dsd's mum.

If you don't want to alter the payments, I guess you could ask to pay by standing order instead of from his salary. But if you do want them altered you would need to ask for a reassessment and they would base that on your dh's income, not yours. If it's nil - or like dh a minus figure! - there's a minimum amount of something like £5 per week to be paid.

Is his x in the loop about this and the possible change to her income?

[CarGirl]

I would do it all through the CSA and if you can afford to make extra voluntary contributions but keep I record of them. I would also warn the ex that your financial circumstances but in the longer term there is hope that they may increase beyond what they currently are?

[pinata]

well, things are fairly acrimonious on the x front, so not a boat that needs further rocking

i earn a fair bit more than DH, so wouldn't really want a reassessment based on my salary, as dropping his obviously means our income will be going down and we'd be budgeting quite strictly, at least to start with. that said, of course we don't want DSD to feel any negative impact

I quite like the idea of paying the CSA via standing order, the same amount as now, as then at least there isa record of payments being made. if her payments don't change i presume she won't notice the difference or care particularly

[pinata]

well, things are fairly acrimonious on the x front, so not a boat that needs further rocking

i earn a fair bit more than DH, so wouldn't really want a reassessment based on my salary, as dropping his obviously means our income will be going down and we'd be budgeting quite strictly, at least to start with. that said, of course we don't want DSD to feel any negative impact

I quite like the idea of paying the CSA via standing order, the same amount as now, as then at least there isa record of payments being made. if her payments don't change i presume she won't notice the difference or care particularly

[pinata]

well, things are fairly acrimonious on the x front, so not a boat that needs further rocking

i earn a fair bit more than DH, so wouldn't really want a reassessment based on my salary, as dropping his obviously means our income will be going down and we'd be budgeting quite strictly, at least to start with. that said, of course we don't want DSD to feel any negative impact

I quite like the idea of paying the CSA via standing order, the same amount as now, as then at least there isa record of payments being made. if her payments don't change i presume she won't notice the difference or care particularly

[pinata]

oops - got a bit over keen on the post message button

[CarGirl]

that is a shame it is so acrimonious. I'm sure your salary is not taken into account it just means that they don't take your dc together into account. I would speak to the CSA and see if you can do it all via them at a voluntary amount, if not I would actually let them reasses your DH contributions, make the nec payments you can ask it to be reviewed once his income increases. In the meantime you start a fund for your dsd so the money is there for her for school trips etc and give it to her still in that way.

[Surfermum]

Sounds like just switching to standing order would sort this out then.

[pinata]

thanks both of you - think that's what we'll do

[ElenorRigby]

Surfermum hell would freeze over before I paid 1 penny to DP's ex!

[Surfermum]

Really ER? I don't see it as paying anything to dsd's mum, I see it as it going to dsd.

So what do you think of me giving her my car when hers was stolen then ?

[Youcannotbeserious]

Really, Surfermum?

My DH's ex asked for my car recently, when hers was off the road, but I said no....

She said she had to run the kids to school (5 minute WALK!) whereas I needed it to get to work (20 MILES!!)

I would and do help DH out with anything court ordered, but not over and above that.

[Surfermum]

Yes, it's really old and was about to go through an MOT. We said she could have it on the understanding that it might fail. It didn't and is still going strong!

The thing is, she needed a car to get to work and if she'd had to fork out for a new one there would have been less money for dsd for things. So it was for dsd as much as wanting to do a good deed.

I believe in karma - what you put out you get back, so I'm sat waiting for my lottery win . But joking aside, it has really improved things between us and that can only be a good thing for dsd. I even got to take her home the other week as it was dh's birthday and he'd been drinking. It was bizarre - sat drinking coffee in her house, just the two of us, and chatting away. She couldn't look at me without spontaneously combusting at one point!

[TinkerbellesMum]

Haven't read all the replies, this is from my understanding and what keeps us from living together full time.

You are (should be) paying as a couple, even your CTC can be called into your income, which I think it totally disgusting! If he doesn't work then it will be based on your income only. If the amount you earn changes from month to month then the amount you pay should be altered that month.

[TinkerbellesMum]

OK, ignore me, I've just been browsing. They look at the new partner's income to make sure NRP can afford to live, not to take money from them. Tax credit is counted towards NRPs income, still think that's bad. I can't find anything about if the NRP is a housewife/husband though.

[Youcannotbeserious]

Surfermum... that's great!

I, too, am waiting for the lottery win!

Things are as good as they have ever been between DH's ex and me, but I'd never go into her house (she's been here, for DSD1's birthday party)...

Hi TBS.... The CSA (or courts) can request a new partners income details (DH's ex requested mine and wanted my salary 'in the pot' but wanted her salary ket seperately ) but there is no legal requirement to declare it.

Surfermum is right - As long as you are paying a reasonable sum, then put it down to karma.... DH and I pay way above the odds, but we're not on the breadline either so we just don't stress about it - life is too short...

[TinkerbellesMum]

My partner pays over the odds for his kids. If it was calculated for him to pay me (I've not told them who he is and they can't chase me because I get DLA) he would pay a little more than he does now with less going to her (and only £10 to me). Added into that he's paid all the wedding/ marital loans and still is paying some; and the boys live in London so he has a fortnightly commute to London which is costing a lot, he ends up staying in her house because he can't afford accommodation. So in all he's broke and he's not in a bad job either.

She won't let him have the boys on his own (until she got pregnant she would go with them everywhere or if she had something to do she would have him drop her somewhere and he could go to the cinema) he's never been able to bring them to Birmingham (she and her partner do, they stay in a hotel, we pick them up in the morning and drop them back at the end of the day) or take them on holiday.

She won't let him divorce her (got no choice now they've passed 5 years) or go to the CSA. He's the sort of person who goes with what he's told, I made him see a solicitor about two years ago when I was pregnant. The divorce was sent out and she refused to sign because there were spelling mistakes on it! We think (common belief in his family) that because the 4 of them, 1 on the way and her brother are living with her mum (and mum's and her partner semi-living there) who is on benefits, they're worried about the courts looking into their finances.

Sorry, I've wandered off

[Youcannotbeserious]

Wow! Tinks.... that's stressful! Surely, he can get a divorce, no question, now the 5 years is up? 5 years living apart is grounds enough, I think?

How come he's still paying the wedding loans? (assuming that's his and his ex's wedding - that must've been one helluva wedding!!)?

so, does he not pay anything for your child? That must be quite stressful for you!

[TinkerbellesMum]

She will make things difficult, so I have to get him to listen to me not her, but if she refuses to sign now then he can have her served and if she still refuses he can ask a judge to do it. She has another child and one on the way, we have a child so with them both established in new relationships/ families the judge wouldn't say no.

Apparently it was an expensive wedding, they hired out a racecourse, in London, and then put some on for the house, but he moved quite a bit after they separated and it wasn't paid for awhile, it finishes next year (10 years later!)

I'm not worried about him paying me, because I'm on benefits I would only get £10 of it anyway so we would be worse off. He helps me out as much as he can, but it's nothing compared to what is spent on the boys - not that I'm jealous, I love them to bits and I'm very passionate about him and Tink having a relationship with them. When it's all been through court it will get sorted...

[ElenorRigby]

Surfermum sorry for the delay in reply...
You said "Really ER? I don't see it as paying anything to dsd's mum, I see it as it going to dsd.
So what do you think of me giving her my car when hers was stolen then"

Erm you have no financial obligation to your OH's child, so why so you think you should pay a penny for her? Two people have that obligation imo and in the eyes of the law ie the childs mum and dad.
Now I accept your view may be very different from mine and DP's. I do not view myself as being a parent to DP's DD as she has both her parents involved daily in her life. DP does not think not do I that I have to contribute anything financially or practically for their DD. Everything I do for DP's DD is viewed as entirely voluntary nothing is expected.
Dont get me wrong I dont sit on my arse and do bugger all nor am I stingy with DP's DD but still there is no obligation or expectation.

Back to the thread starter if your DH is not working and he is CSA2 they will not take your income into account. As I understand it if your DH is not earning the CSA assessment will be zero on CSA2.

[Surfermum]

I agree, legally I don't have to help out at all - but it's not coming from a feeling of obligation, or that I "should" do anything because someone expects it. It's coming from a feeling of wanting to.

[yerblurt]

Personally I would not pay for your partner's CSA liabilities.

It all depends on whether your partner is on the CSA 'old' scheme or the 'new' scheme, he should know this from his CSA correspondence.

If he is on the old scheme (CSA 1) then the 'non-resident' parent partner's (NRPP) income can be taken into account. CSA 1 scheme is very complicated to calculate - which is why they nearly always got the early cases wrong by thousands and people topped themselves - it takes into account housing costs, living costs (council tax etc).

The new scheme (CSA 2) is much simpler and operates like a "dad tax" whereby CSA assessment is 15% net income for 1 child, 20% for 2 etc, with reductions such as 1/7th reduction if child stays for overnight staying contact for more than 52 nights a year, 2/7th reduction for more than 104 (I think) etc.

If you are on CSA2 scheme then they may ask about your parnter's details/income but YOU ARE UNDER NO OBLIGATION TO DO THIS. They may threaten to put you on a Interim Maintenance Assessment (which is about £30 pw).

I would NEVER correspond with the CSA by telephone - they frequently get it wrong and lie. Always communicate in writing that way there is evidence.

As you are not going to earning any money you will be nil-assessed (£5 per week). As long as you satisfy the csa that you aren't doing a dodge.

I would recommend joining NACSA for the best advice and support,

I've recently been through the CSA, luckily I have a very well defined shared residency order (so even though the law says I am an equal legal parent, as the ex is in receipt of the child benefit, she is defined as the parent with care and I'm suddenly the non-res parent!). My daughter lives with me for approx 35% of the year, I have a partner and new baby, I was paying the ex under a private arrangement by standing order - she thought she could get more money, so involved the CSA, now she gets less! crazy! I provide for my daughter when she is in my care - clothes, food, bedroom etc.