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CSA say dd's father does not have enough money to pay maintenace

(21 Posts)
Kimmya Thu 14-Aug-08 14:00:49

I have been informed by CSA that due to increased housing costs dd's father does not have enough unprotected (disposable?)income to pay the £176 a month maintenance and that she will receive NOT A PENNY. As he has two younger children who live with him,is it right his first born child should receive absolutely nothing because she does not live with him?? I have decided to appeal against this decision. I would welcome any advice: should I seek free legal advice from somewhere?? Any tips from anyone who has gone through this process. It just doesn't seem morally right that my daughter should miss out. I work part-time and receive family tax credit so the maintenance helps a great deal for my daughter's needs.

gillybean2 Thu 14-Aug-08 14:58:55

People have to live within their means. if he is earning then he should be supporting all his children. if his housing costs have risen then he will have to think about how he will meet all his obligations (children, housing etc) and will have to either find cheaper housing or work more hours/change his job. Failing that his new partner will have to contribute financially to the new family more

This is what anyone would have to do if they couldn't meet their costs.

Definitely appeal

YoungYolandaYorgensen Thu 14-Aug-08 15:17:49

angry for you! He should have to support ALL his children, not just the ones living with him. That ruling makes no sense!

kittycats Thu 14-Aug-08 16:06:35

Im in the same position, because exh had 2 children with new wife he no longer pays anything for my (our) 2.
If i had another baby with someone else would csa make exh pay more for our 2 'NO' they wouldnt so why should he get out of paying.

I think if absent parents had to pay no matter what and the amount didnt go down when they had a new family there wouldnt be so many single parents and kids.A friend of mines exh had 3 kids before he met her 2 with friend and then went on to have 5 more with 3 different women!

beanieb Thu 14-Aug-08 16:11:59

I think it's shocking. Rather than one child go without surely it would be better if whatever income he did have spare was spread evenly between all the children. It may be that you get a little less than £176 but at least it would be something.
HAve they said you will get nothing!

muggglewump Thu 14-Aug-08 16:17:35

God the CSA are crap.
That's appalling. He should split what he has equally. I thought even those claiming JSA had to pay £5 a week or something?

I'm about to go through the Aus CSA for maintenance and I just hope they are better than ours

Kimmya Thu 14-Aug-08 16:51:12

Beanieb : Yes they have stated in black and white "We've worked out that £0.00 a week should be paid from 04-082008 for ........ born on ......." I truly don't mind getting less. Not even if we get £5 a week. He and his wife must now think 'out of sight out of mind'

frogosaurus Thu 14-Aug-08 18:26:30

I am in the same situation, my ex is working and he lives with his girlfriend and their daughter. I have been trying for years to get something out of the CSA (ex hasnt paid for 6 years!) but they say he isnt earning enough to give our daughter anything. Yet he has bought a new house, car, had holidays etc!! No use going to a solicitors as mine told me that they cant do anything at all regarding maintenance. I was advised on here to write to my MP as CSA just kept saying the same old thing. Havent had a reply yet but it is worth a try.

gillybean2 Thu 14-Aug-08 19:18:38

CSA calculate a percentage of income. If he's earning he should pay something. And if he's on benefits then he still has to pay something! So it makes no sense to say he can't afford to may anything and the calculation is zero.

Unless he has asked for a reduction regarding travel costs to have contact then I can't see how they can calculate zero. Have you asked them for details of the calculation?

neva Thu 14-Aug-08 19:29:01

If you are going to complain, it is definitely worth asking your MP to assist. My case only progressed after I got my MP involved. The CSA seem to have a separate team that deal with MPs. Be prepared to go right through the complaints procedure if you aren't satisfied. Good luck.

piratecat Thu 14-Aug-08 19:32:00

i have the same but my ex dh's gf's two children get a cut out of his earnings BEFORE his own dd.

thats the rules and he was very pleased to tell me this a few yrs back. anyway I have had nothign form him for ages, and don't even bother anymore.

the rules are shit.

beckykj Thu 14-Aug-08 20:30:19

I thought the minimun anyone could pay now was £5, though just got this of the csa website,

The four rates we apply to the non-resident parent's income are:

basic rate (if they have an income of £200 a week or more)
reduced rate (if they have an income of more than £100 and less than £200 a week)
flat rate (if they have an income of between £5 and £100 a week)
nil rate (if they have an income of less than £5 a week).

My ex is on JSA and get's £59 a week, they still take £5 a week off him, so can't see why your ex should pay nothing!

Lovesdogsandcats Sun 17-Aug-08 11:22:27

Piratecat, not only do the gf's kids get a cut before his/your child does, but his gf's wages are not taken into account at all when assessing what he should pay. So, she could be a really top earner and earn more than him yet they do not look at that.

It was that bit that really pissed me off most.

terrier141 Sun 17-Aug-08 13:55:21

My ex has paid nothing for the last 5 years - he was on JSA - but apparently didnt have to pay the standard £5 a week for our 2 children as he had his new wifes 3 children (not biologically his) living with him - hence £0 to pay!
Now - 5 years on he is working and has offered me £5 a week if I do a private arrangement - what a bloody insult!
Am waiting for the CSA calculation before agreeing to anything!!

Von73wirral Wed 20-Aug-08 19:05:49

All I can say here is Kimmya your case by the sounds of it is on old rules. You may benefit from closing your case......waiting 13 weeks and putting in a new claim on the new system. CSA has two systems the old rules which takes housing etc into consideration and new rules (applications from 2003) which is a flat rate percentage on earnings over £200.

JSA claims also have to pay as others have said £5 per week which is taken straight from their benefit.

The CSA is not crap but can only do what they can. I understand from us women they may seem crap but I have been through the whole process and have been told from the CSA what they can and cannot do and I feel sorry for them sometimes having to take the abuse they do.

I have always had a good response from the CSA with regards to my case so can't slate them but I have always asked what if etc etc so maybe try speaking to a boss or ask exactly what is going on with your case etc.

hope that helps

Kimmya Wed 20-Aug-08 20:00:40

Von73wirral: Have been advised by Lone Parent/Gingerbread helpline that I should consider what you have stated. Withdraw claim and then wait 13 weeks. You are right we are on the first system, and may have better luck being reassessed on the 2nd system before the 3rd system comes into effect apx 2010! I think I will withdraw and take my luck, I can't do any worse than now, getting £0.00 for my daughter.

I agree also that CSA is not crap they have always been helpful. But I can understand other lone parents in that hamster wheel never getting anywhere.

Von73wirral Wed 20-Aug-08 20:12:10

Kimmya, 2nd system is better as its based on nett although he will get so much disregarded for the children in his household now you will still get something after that. and if he doesnt pay they will take it from his wages.

There is no 3rd system, just so you know, csa will be changing its name but not the system so I wouldnt worry about that but would defo close your case and tell them you want it in writing that your case has been closed. And then ask them what date they are closing it from and then mark 13 weeks and 1 day on your calendar and ring up the csa number and make new application

littlelamb Wed 20-Aug-08 20:19:18

I worry that this will be the case with ds's dad too He chooses to work part time and then unsurprisingly says he doesn't have enough to give me anything for ds. I have today filled in my application for child maintenance but I'm not holding my breath.

Von73wirral Wed 20-Aug-08 20:26:39

littlelamb does he work for a company? If he chooses to work part time and you think he has more money you can tell the csa you think his lifestyle is inconsistent with his income and they will have to look into it.

Rachael17 Mon 25-Aug-08 14:20:28

he does have to pay something. my x was getting jsa and had to give me £5 a week. tho just had a recaculation cos i rang an told them he started work recently, which he tried to deny, though csa got info on him from inland rev.
but it is true that other children he lives with come before his own child.
he lives with his gf and her 3 kids, they get his money before my ds! doesnt seem fair does it. angry

Debdiamond Wed 17-Sep-08 14:02:30

Hi All, I am in a similar situation and have been advised to wait 13 weeks then reopen case on the new system. However, the CSA don't seem keen for me to do this and I keep being told different things every time I call them. I have been told that the new case can't be opened until all arrears have been cleared and that the new case will be a problem to deal with on the computer system and will therefore become an administrative case which will take a long time to deal with. It seems that they are trying to put me off going on to a new case, but I now have my MP involved and hope to get somewhere, sooner rather than later. I'll watch this thread with interest and post any information I come across that may help.

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