DH has a daughter (5) from a previous relationship. DH has always paid maintenance, without fail, on time, and a great deal more than the CSA would collect. Obviously this is no more than he should do, but it would be marginally easier for us (me, DH and our DD) if he didnt work at all. I earn considerably more than he does (although not enough to cover all outgoings) and his earnings barely cover his maintenance and our DD's nursery fees. However, we both agree that it wouldnt be right for him to take advantage of my income to avoid maintenance payments.
He has maintained the agreed amount for some considerable time, despite changes in circumstances which would affect the payments if the CSA was collecting (change of job with more travelling expenses and less money, birth of DD, reduction in income when he was on paternity leave, reduction in income when he went part time so I could return to work). These changes in circumstances have affected his finances and he is now paying a very significant part of his income to ex-P, which he cannot really afford anymore. However, he has been persevering and I have been gritting my teeth at the fact that he makes a significant maintenance payment, and contributes very little to our finances. When he has even mentioned a downwards negotiation in the future, it has resulted in real unpleasantness and DSD always picks up on this, and gets very upset.
He has now sustained an injury which will prevent him working for a good couple of months, although he has some mobility. He is not entitled to sick pay and so will receive a proportion only (as he works part time) of statutory sick pay. His net weekly income will be less than his current payments and so he contacted ex-P to explain the situation and to say that, unavoidably, the payments were going to be affected.
On discussing this with his ex-P, she said it wasnt her fault that this has happened (true, but also not DH's fault!) and that if DH hasnt got the money, I should cough up. She is not prepared to agree a reduction, particularly at the moment, because she has additional childcare costs due to summer holidays, plus she has recently bought a new car and has finance payments (curiously in the same amount as the maintenance paid to her). As he cannot work, DH has offered to have DSD during the week (we live 20 miles away and he cannot drive at the moment) so that ex-P doesnt have any childcare costs, but she has refused, because she says this doesnt suit her.
I appreciate that none of this is ex-P's fault, and that she is utterly entitled to maintenance, but she is refusing to be reasonable and accept less in the circumstances. She has long maintained that DH only pays the bare minimum and that really, she is being very reasonable by not going to the CSA herself, because they would make me contribute to it. I know she's incorrect (and I suspect she does really know this too), but she insists that what she receives now is the minimum she is entitled to.
DH now feels like his only recourse is applying as the NRP to the CSA - which will result in an assessment which means (a) affordable payments while he's not earning and (b) more affordable payments when he is earning again. He's said he would save for DSD some of the difference between what the CSA would collect and what he pays now, but it would make a significant difference to his (and our) finances if he did this.
However - we have heard horror stories about the CSA and wondered whether anyone had any experience or thoughts about this? TIA!
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NRP applying to CSA to pay maintenance - sorry, long
9 replies
stabiliser15 · 28/07/2011 16:20
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MJHASLEFTTHEBUILDING ·
28/07/2011 18:54
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MJHASLEFTTHEBUILDING ·
28/07/2011 18:55
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