CSA..... is it me or does this make no sense?

[BadgerBadger]

xH was continuing to pay the mortgage enabling DD's and I to continue to live in the 'marital' home. This meant he couldn't pay maintenance as all his earnings were taken between paying his own rent (albeit at his parents) and paying mortgage, etc.

CSA are enforcing him to pay maintenence which means he can no longer afford to pay his own rent and the mortgage too meaning DD's and I have no choice but to move, i.e. rendering us homeless.

DD's and I were to move anyway (will be shortly in fact) but how does this make sense? It means I would have to draw more from benefits because I would now need to apply for housing benefit.

I could go to court but they couldn't enforce him to pay because he just hasn't got the money. I can't actually go to court because I'm under threat from his family and the relationship between he and I is also precarious.

It's irrelevent in the sense that I will be moving soon (as soon as I find somewhere to rent and for other reasons) but what if I can't find somewhere to rent in time? Why on earth would they choose to lose the DD's and I our home and incur more cost to themselves at the same time?

Can you not use the maintenence payments to pay the mortage?

I know what you are saying sounds totally mad but because you are claiming benefits by law the CSA has no choice but to chase the absent parent for maintenance.

If you were to come off benefits then the CSA would have no say in the matter and you could close the case and let your DH continue to pay the morgage.

No, the mortgage payments are several times what he will be paying in maintenance. There's absolutely no way I can take the mortgage on at the moment (or in the forseeable future).

Also any money that he has to pay to the CSA will not come to you, it will go straight into the benefit pot.

Yes, I see what you are saying. I don't have any other income at the moment though. DD's are 3 and 1 and although I'll work when we're settled, it's not feasible right now. The split happened fairly recently and I'm trying to find my feet.

flutterbee, he will be paying me directly at their request. They have asked that I sign receipts as proof of what he gives.

Though, obviously benefits will be reduced but I will have to apply for housing benefit which will ultimately mean I draw more from benefits.

mmmmm it is really difficult I have dealt with many a people in a similar boat to you and I don't wnvy the position you find yourself in.

If you were going to move anyway then the situation isn't so bad, claim full housing benefit and if DH is going to be paying far far less to the CSA than he does on the morgage now why not ask if he could give you a bit cash in hand as well.

I normally don't condone benefit fraud but needs must sometimes

Thats what I mean about going into the benefits pot badger they just draw it back from your benefits

lol Because he'll still be paying the mortgage and the issue is more that he has no more to spare. By moving back into the 'marital' home he will spare himself the rent he is paying at his parents but that will just about cover the maintenance he is being told to pay to me, IYSWIM?

Thanks for your advice though! So long as I find somewhere to live in time we'll be ok but I'm worried it might not happen it time. At a push I'm sure he could ask his parents to put him up rent free for a little while OTOH, they wont do anything which in the long run might help the children and I, so might not house him, effers.

Sorry flutterbee, I didn't mean to be pedantic! There are so many issues surrounding this that I'm having trouble deciphering what needs sorting out, what I can't do anything about and what I should or shouldn't worry about.