CSA payments - can you stop them?

[helpforbro]

I would be really grateful if anyone could help.

My brother's girlfriend has a child from a previous relationship. This relationship was violent and the father has had no contact with their daughter since her birth almost three years ago.

He has recently started making CSA payments - I believe these payments are made automatically once the individual starts earning a certain amount of money.

Does anyone know if there is a way these payments can be stopped? She does not want to receive the payments as she wants absolutely no contact with him and does not want him to try and use the payments as a way to try and gain access, given his behaviour.

Would really appreciate your advice!

Many thanks.

If she opened the case with the CSA than she can ask the CSA to close it - they will be more than happy to do so, She will no longer receive anything from the CSA.

Why not take the money and use it for the daughter? Put it in to a savings account for the future?

Contact and maintenance are unrelated. He could seek contact by agreement with the mother or via the courts regardless if he was paying maintenance. And no he can't use it as leverage.

Thank you so much, that is really helpful. I suggested same re savings but think she wants nothing from him.

Good to know that the two are unrelated. Given his violent behaviour in the past I would be surprised if a court would allow him access but we just hope he doesnt go down that path.

Many thanks.

I had a similar issue - violent ex and automatic csa after I left him (11 years ago this dec). Mine was set up because I had to go onto benefits whilst I found my feet. I also didn't want the money as I was worried it would be regarded as paying for the right to see his ds - it was also an insulting £2.50 a week. I seem to remember actually telling the CSA that it wouldn't even buy a bottle of Gin at the time!! Clearly not what it was meant for, but thankfully the lovely csa man saw it in the humorous light in which it was intended!

The csa said that they could not stop the payments so I channelled it into an account for my ds and left it at that. It may be enough to buy an old banger when he is 18 - not to be sniffed at really! Her opinion may change over the years, as mine did, but if the money has been rejected she will struggle to reinstate it. As far as I know the csa is closing all accounts next year anyway and it is down to the rp to reinstate it if the want to (at a cost of £20 per case).
The fact that your sil's ex has had no contact in years will be a clear indicator to any court that he is not interested in his child. IF they grant any access then it is unlikely to be more than short supervised visits given the circumstances.

Again, thank you so much for your advice. So so helpful, I will pass all of this on. Thank you very much for taking the time to respond.

Best wishes.

A family law solicitor also told me that maintenance and contact are totally separate issues. The fact my XP pays maintenance would not be considered if he ever took us to court.

And if he did suddenly demand access after almost 5yrs zero contact they would almost certainly make sure it was done in a contact centre because the kids don't know him and he was abusive.

Your brothes girlfriend may as well save up all the money for her DC when their older. Might go towards driving lessons / college etc.

Thank you very much, I think they will be really encouraged by this. Really appreciate your time.

Best wishes.

I would urge her to re-think keeping the money.

As stated it doesn't buy him any rights but does afford his dc more than they would ordinarily have.

It can be saved for driving lessons/a car/rainy day.

If your friend really can manage day to day without it, would she consider using it for holidays? Experiences and memories for her and dc, maybe view it as some sort of compensation.
(not quite the right word but hopefully you know what I mean and I won't offend anyone!)

At the very least she could donate it to a charity, perhaps there was an organisation that helped her?

Good ideas and maybe, as suggested above, she might change her mind over time. I think things are still raw given his previous behaviour.

Thanks again.

In many ways your friend is being sensible. The fact he pays may make him seek contact - it is unrelated to contact and it would start in a contact centre and then go unsupervised. If she doesn't want it, tell her to ring the CSA and close the case. I would.