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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

should i go to the csa

50 replies

shav · 07/02/2011 13:39

Hi i am new to this site and just wanted some advice please,i have two children with my ex one aged 13 and the other is 2,my ex has been giving me 140 pounds a month for the eldest and only this month put it up to 300 for both,he is not interested in the kids only seen his daughter 5 times in 2 and a half years and saw his son when it was convenient over the last 13 years,my son doesnt want to see him again after him threating to kill all my kids and saying he loved his dogs more than his kids to my eldest son.He is on a very good wage earning 1250 pounds a week take home my problem is when i contacted the csa they said he should be paying 250 pounds a week for his kids it annoys me when i am struggling to make ends meet and do things for the kids coz i have no money and he is living the high life with not a care in the world,i am worried about what his reaction will be if the csa contact him.should i just carry on and take wot he gives me for a quiet life or fight him for wot he should be paying.

OP posts:

Original poster

shav · 07/02/2011 16:13

im not quite sure why everyone assumes i am on benefits i actually work 16 hours a week

OP posts:

zukiecat · 07/02/2011 16:36

This reply has been deleted

Message withdrawn at poster's request.

ElsieMc · 07/02/2011 16:58

The calculation the CSA use is 15% of his income. If he has another child with a new partner, it is less. If he has two children with you I think it is 20% (correct me if I am wrong).

The general rule of thumb is 15% of his income.

Although they are very slow, would it not be better to have matters formalised so that he cannot just stop paying when he wants to? If he doesn't play ball, they can take out a deductions from earnings order and they will do this if necessary.

Another poster has said overtime is not taken into account. It is a bit more complex than this. They will request his last few wage slips (if paid weekly, it is generally five) and they will make a calculation from this.

My exP does a lot of overtime in the summer months which my DS never sees any of, so in July I ask for the CSA to consider a change in circumstances and they may ask for his last five wage slips and make a fresh calculation.

You have nothing to lose. However, the point about having to wait is right - but you will get your money backdated to the date you went to the CSA so monies due to you could be substantial.

TotemPole · 07/02/2011 17:17

im not quite sure why everyone assumes i am on benefits i actually work 16 hours a week

So you have wages and get some tax credit?

Maintenance doesn't affect tax credits or housing benefit.

Even if the new government change it so it affects tax credit etc, then you'll still be better off with the CSA involved.

RedHeels · 07/02/2011 21:03

It takes a very envious person to say that you should be grateful for what you get. The amount of child maintenance does not influence the benefits anymore. Why is it OK for him to hugely underpay towards the upkeep for his children but not OK for the OP to follow up what the kids are entitled to? And £300 per month for 2 DCs is not huge amount of money. It's pittance, although I do realise there are some wankers out there who pay £5 a month. Un-fucking-believable.

RedHeels · 07/02/2011 21:05

And what's that about not rocking the boat? He's not afraid to rock it by underpaying. So why should you?

SecondMrsS · 07/02/2011 21:10

fabbychic I'm really shocked by your responses...

If CSA say he should pay £250 a week why should OP be greatful for £300 a month?

OK, £1000 a month is a lot of money, but the child's father has a good salary... CSA is calculated on a percentage of a NRP's salary. Being 'grateful' for what you get doesnt come in to it.

Also, why assume OPs on benefits?

I'm confused.

portaloo · 07/02/2011 22:18

If I were you OP, I'd ask your XP for the amount of maintenance as set out by the CSA, ie 20%. I would inform him that this is the minimum he should be paying.

If he refuses, I would make a claim through the CSA.

It will be backdated to when they first contact him.

If he pays you any maintenance while they are processing your claim, he can ask for this amount to be taken off of the backdated amount, as long as he can provide evidence that he has in fact paid you this money.

With the extra money, you could give your DC a much higher standard of living.
IMVHO, I'd be putting my DC first and foremost, and it doesn't sound like they get much else from this man.

Besides, it's the law.

Even if you were on benefits, the law states that maintenance is not taken into account when working out your income.

PinkIceQueen · 07/02/2011 22:51

What portaloo said. £300 a month for 2 children is not a lot, although I also do know that some get a lot less. However, this man can well afford to up his payments substantially. You could come to a private agreement op, something that you feel is fair but not necessarily as much as the £1000 you are entitled to. That way it's win win for everyone.

mamatomany · 07/02/2011 23:27

Has anyone mentioned that maintance doesn't come off the income support or tax credits any more ?

The CSA are a waste of time go to your county court and get a C10 and C10a and get a court order, if he fails to pay you then go for an attachment of earnings.

My ex earns over £250k a year and pays £200 a month for his daughter and when I asked him to go halves on her school fees he told me to get stuffed so I'm claiming £16,000 instead as per the CSA calculation.
Keep your fingers crossed for me.

LineRunner · 08/02/2011 09:33

Child Support is currently not taken into account when assessing tax credits; but it is taken into account for most means-tested benefits.

The CSA has a set formula, based on father's income after certain allowed deductions. It's not a perfect system by any means but as you have a computer, why not have a look on its web site and see how you feel? There's a calculator page, or you can ring the child maintenance options helpline to get a feel of the possible sum involved. You can also get free advice from local community legal centres, so you can work out whether you will really be better off.

Once involved, the CSA will require the father to produce pay slips or proof of income for the previous six weeks. Many fathers see this as confrontational, which is really, really sad for the children and for the mother doing her best to bring up children. Stress all round.

No easy answers, unhappily.

MommyMayhem · 08/02/2011 09:51

So, you can keep all your maintenance if you are working and claiming Tax Credits, but not if you are on Income Support?

Snorbs · 08/02/2011 10:05

mamatomany, I was told that the courts only got involved with child maintenance if it was originally ordered as part of divorce proceedings. Is that not the case?

mamatomany · 08/02/2011 10:13

Snorbs - No my ex and I were never married so there was never a divorce settlement, go and ask for the form I mentioned, It'll cost £200 for the case to be heard and hope for the best. I have no faith whatsoever in the CSA, but you never know they might help you worth a try at least.

mamatomany · 08/02/2011 10:14

MommyMayhem, if you are on income support you can keep it too now, I suspect because too many dads were getting scot free because the mums didn't gain financially from the maintenance. But now they do I imagine it would come off any housing benefit though.

MommyMayhem · 08/02/2011 10:18

That's good, I think. I don't live in the UK so I wasn't asking for myself. Just thought it might help others.

Snorbs · 08/02/2011 10:22

mamatomany, I'd be interested to hear how you get on!

mamatomany · 08/02/2011 10:22

www.newcastle.gov.uk/core.nsf/a/wr_bench2010

Scrow down to :
12 April 2010
Full disregard of child maintenance payments
Income Support , Jobseekers Allowance and Income related Employment and Support Allowance disregard of child maintenance payment increased to a full disregard. This already applies to Housing Benefit and Council Tax Benefit.

gillybean2 · 08/02/2011 17:20

No you are not being unreasionable. CSA calculation is designed to keep the children in the lifestyle they could have expected had you stayed together.

Yes there is a cap for very high earners, he is not one of those...

Calculator is here to see how much he should be paying and the figure you quoted is correct (assuming you have his net pay correct)
www2.dwp.gov.uk/csa/v2/en/calculate-maintenance.asp

If he is PAYE then you should get your money relatively easily via the CSA. In fact they will jump on your case if it is an easy one and get your dc's money for you in an attempt to make their numbers look better. SO you may find this gets handled quickly. He will drag his feet though and it may be several weeks (aand you'll have to chase CSA up) before you get anything.

If he is Self employed or a company director it is much easier for him to hide his money. If that is the case then you would need to think more carefully about rocking the boat and how vindictive he is as to whether he would hide the money rater than support his dc.

OP come to the lone parents thread. You'll hopefully get more accurate advice there than some here have given here from more people there who have similar experiences and have actually dealt with the CSA.

Remember this is your children's money and they are relying on you to ensure they get it. Best wishes.

Scorpvenus1 · 31/05/2019 11:38

Yea I detect jealousy he earns over 260k a year.

But he gets 45% tax on that, then take away rent and expenses and utilities. £250 a week why should you get that when a good amount of people don't earn that a week for hard graft.

Take what he gives you, and stop being greedy, Id be annoyed if my ex tried to squeeze 250 out of me a week, Kids don't cost 250 a week to keep!

Scorpvenus1 · 31/05/2019 11:44

Ah just see the amnounts lol

ignore me :D

TwelveThirtyTwo · 31/05/2019 11:48

Why are you giving the op advice when she asked 8 years ago?

BuntyBonus · 31/05/2019 17:35

For goodness sake Fabbychic, I think you are being deliberately goady. £300 a month for 2 children is around £37.50 per week per child. It is not that much. And even if it was it is what the OP is entitled to. If they were still together he would be paying a lot more than that. The OP is certainly not ‘greedy’ to query whether she should be getting what she is entitled to.

BuntyBonus · 31/05/2019 17:40

For goodness sake this thread is 8years old.

Nearlythere1 · 31/05/2019 18:06

Wow, some of these responses, particularly from @fabbychic. You sound like a cretin.

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