CSA non payment and access

[Vere]

My XH lost his job in September and as his new wife is a Dr and earns quite enough for them to live off he has decided not to work and look after their new home. He hasn't seen any of our DC since he left 2 years ago, when I was pregnant with our 3rd child, who he has never met.

Can he be forced to at least claim benefits or try to get a job so that I can get at least some maintenance payments or have to pay even though he isn't earning anything?
He also has declaired himself bankrupt recently in an effort to get me to sell our FMH which he is still on the mortgage for although he doesn't make any payment towards, he was kept on by a court order so I don't think I can remove him from it.
He is now applying for contact with our children, will I have to agree to let him see them even though he doesn't know our baby and hasn't seen the others for so long and doesn't pay for them?
Any advice would be helpful thanks

Maintenance and contact are two completely separate issues. You cannot simply say he cannot have contact as he is not paying maintenance.

Given your circumstances, I would imagine that any contact would be supervised in the first instance as your youngest child has never met his/her father and its likely that the others may have forgotten him.
It is in the children's best interests to get to know their father, no matter how painful or upsetting this must be for you.

With regards to the house, what does the Court order say?

I agree with MOS, contact and maintenance are seperate issues, it's a bugger he's not paying for them but basically you cannot force him to if he has no income (i know from experience) and his partners income does not count towards maintenance of his (your) DC's

As for contact, however hard it is for you, you really shouldn't restrict this, as this is their father (wether they know/remember him or not) and if you try and block contact they will blame you in the future. If he is applying through the court he is very unlikely (i think it is almost impossible) that they will award anything but supervised access, due to the length of time he hasn't seen the children. Obviously over time this could change but initially it will probably be in a contact centre (unless you agree for it to be at your home/a friends home etc)

You may find contact with the children triggers maintenance (out of sight out of mind) TBH, if he was an ok Dad when you were together & the oldest two would go with him thenwhy bother with court. Let him take all three to the park for an hour or so.

Your best chance here is to be v v nice to him and try and guilt him into paying something, because you can't force him to work! And on benefits the token csa payment is £5 a week.

First of all what make you think because his partner a high earner it entitles you to some cash ?
It isn't his partner responsiblity to pay any maintenance for any of your children.
Regardless if he worked or not they would only calculate his income to work out the amount needed to be paid.
If he's in reciept of any benefits he'll be capped at £5 regardless of how many children you both have.
I would also like to know how he is getting legal advice ?(when declaring to be supposely bankrupt)He wouldn't be covered by legal aid if he isn't in recieve of any benefits. And there alot of claws involved to rewarded legal aid nowadays as far as i'm aware he would be on JS.JS claimant wouldn't be covered in that area of law to qualified for legal aid.
But by the sounds of it he isn't on any form of benefits so there'll be no joy with the maintenace part.

Maintenance and access are two sperate issues .
Only because he pays maintenance it doesn't allow him automatic access and vice versa .Maintenance is paid by the father to help support the mother to cover living costs for any children he responsible for.
On the legal side of things regardless what happened in the past it vital and the right of every child to remain in contact with there father.
Yes, this means he can swan in and out your children life when he feels like it and there not much you can do because the bottom line is, it each and every child right to have a realtionship with both bio-parents.
Depending on the situation there will be some kind of arrangement made ,i am not sure about supervised contact as he isn't any danger to the children.But there would be some kind of arrangement made.Anything that is decided would be in the best interest of each and every child invovled.

Thanks for all you answers.
MOS the court order says that the FMH can?t be sold until the youngest is 18 unless a trigger point is reached (which are I remarry, I move in a partner or I decide to sell it), the problem is that as I?m not getting any maintenance support I am struggling to keep up with the mortgage repayments and as my XH has been declared bankrupt (I got a letter from the insolvency service so I know he is) and there is a charge on his ½ of the property.
AmummyFromNotts he?s getting legal advice from his new wife?s brother who is a lawyer and providing it free for him (well I think or his new wife is paying), she earns a lot and makes sure that he is well looked after (he drives an Audi TT but it?s in her name) the CSA have said that he doesn?t have to pay as I asked them to look at his lifestyle/ earnings but everything is in her name and he was made bankrupt before they got married so that they could keep their house (it was hers before they met and has never been in his name) and try and make me sell the FMH. He has no actual income so can?t be liable for a penny of maintenance. Yet they go on holidays to the Caribbean and have a good life which annoys me.
I know that my DC should have a relationship with their dad however I don?t want his new wife to see my DC.
My main concern with my XH getting contact is that the court may allow my DC eventually to stay with him and his new wife and she hates me and told my XH sister that she will ?support him for all of his life if needs be so that he is not liable to pay me a penny in maintenance? and she wants me (and his DC) to suffer and I don?t want them to be poisoned against me by their evil stepmother.

I can't understand how he has an asset (the marital home) and yet has been made bankrupt? were you not entitled to the home under your divorce settlement?

as for the new wife, I know it's bloody hard but I don't think you can or have any right to stop them seeing her if it's who he is married to and lives with.

sorry I didn't read the bit about the claim on his half of the property :( how stressful for you

You can claim child support from a non-earning ex if his lifestyle is well beyond what someone on his income would usually enjoy - but I'm not sure quite how extravegant it would have to be to be judged so.

Contact wouldn't normally be supervised just because one of the DC is a baby and they don't know their dad, but it would usually be limited at first with a view to working up to something like every other weekend within a few months. You cannot prevent him introducing the DC to his new wife or restrict access legally because you don't like her. More fool her if she really is prepared to support your ex as kept man for the rest of his life.

I would relax a bit - there's no way some new woman is going to come into their lives and successfully "poison" them against you. Kids are generally pretty loyal to their parents. (Though you will make things tough for your DC if you tell them how you feel about your ex and his wife).

Thanks for your replies
I have contacted the CSA regarding maintenance and they said that as he has no income I?m not going to get any maintenance. I got them to look into his lifestyle not matching his income and they have said he has no bank account or income and his new wife is allowing him to drive her car and live in his house and supporting him so they can?t pursue that route. He legally has no possessions (except the FMH which his ½ has a charge on) and as he isn?t on benefits and doesn?t have a bank account the only way they could pursue payment of maintenance would be through the court and they said that if it did go to court he would be asked why he wasn?t paying and his defence would be he has no income so can?t rather than won?t pay.
It?s frustrating me that he has a much better lifestyle than I and my DC have and I?m at the end of my tether some days.
Is there any way that he can be made to work so I can get even just a little bit of maintenance or can he be supported by his new wife and never pay towards his children.