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Original poster

CSA, redundancy, reconsideration and the courts

11 replies

Tiffany1983 · 21/10/2020 15:33

Hi all,
Ok so I have a 9 month old baby with my partner and he has a-16 year old daughter from a previous relationship. His ex isn’t very nice and she is massively money grabbing. He’s always paid her a lot like 700 a month which she squanders on concerts and gets his older daughter a new iPhone every year and iPad etc. She basically went down to 2 days work a week because he’s paying for her to live very nicely. Anyway he got made redundant in September (bloody coronavirus) so he isn’t earning anything. He is now on nil rate and ive had to go back to work full time while he looks for a job so he’s looking after baby. Anyway she phones up the other night screaming and demanding money when he genuinely doesn’t have anything to give her and neither do I because I’m paying for both of us now. She asked for a reconsideration from the CSA which has been refused. My next question is can she take us to court for like our house or something? Or can she try and claim some of my wages (were not married) just worrying as only just covering the bills myself at the moment. I’m on a decent salary but not over 80k or anything like that... TIA

OP posts:

dontdisturbmenow · 21/10/2020 15:49

No she can't. Its though for her and her DD, but is he looking after another job? Because if he is settling for being a a sahd, therefore financially benefiting your family in that you don't have childcare cist and your income doesn't have to support his eldest child, he really is just as bad as his ex who was working as few hours as possible and relying on the maintenance to support her lifestyle.

Original poster

Tiffany1983 · 21/10/2020 15:59

Hi dontdisturbmenow, gosh no he’s not like that. Before when he was made redundant from another job in 2010 he still carried on paying her in full for 4 months albeit a lot less as he was on a lot less back then but all savings went into buying our house which we jointly own. He had an interview last Wednesday and didn’t get it and was gutted but he has another one next Friday so fingers crossed it works out for him I’m just scared cos she really is greedy and she will stop at nothing and she won’t take on more hours either which annoys me as I don’t want to be back full time with a tiny baby. X

OP posts:

TicTacTwo · 21/10/2020 16:37

No.
She can't touch your wages even if you were earning millions.
CM is a flat percentage rate of his earnings. If he's claiming benefits she might get £7pw from him but she can't expect anything else until he gets a job.

Original poster

Tiffany1983 · 21/10/2020 16:51

I’ve just read she can appeal to take it to court to take his assets. (Very few win but she still could in theory as we have a lovely house) We have the house as joint asset but that’s all he owns, nothing on his own as his company car went back after redundancy, I have my car which is a manky old 09 plate focus worth about 1,500 absolute max.. I have like £47 a month left over after all the bills/mortgage so I can’t give her anything of mine either. Arghh. I don’t hate her but she is being so unreasonable when I know her parents are actually millionaires as they own multiple factories in Birmingham... ok not the point I know but come on!! 😫😫

OP posts:

lockdownconfused · 21/10/2020 17:37

I don't think they can touch joint assets like the home you live in. It would be different if you had multiple homes or tangible assets.

MargotMoon · 21/10/2020 19:21

@Tiffany1983

That's only to enforce arrears, it doesn't sound like there are any as he has been paying?

AmandaHoldensLips · 21/10/2020 19:29

Try not to worry.
The courts won't touch your money as you're not married. And they won't make you sell the house either!

She's just kicking off and shouting the odds. If your OH is an honourable bloke who pays fairly for his DD, then you have nothing to worry about.

She'll just have to suck it up, or get a job.

Original poster

Tiffany1983 · 21/10/2020 20:11

He has overpaid for years because he knows how tough it must be for the ex even though they don’t get on, his daughter is troubled and has aspergers. No arrears at all, never been late paying either not once.
Thank you. Crikey if I had it I’d help her because it could very well be me in this position one day but i just don’t have it to be able to help :(

OP posts:

TicTacTwo · 23/10/2020 09:41

twnews.co.uk/uk-news/father-ordered-to-pay-single-mother-ps74-000-arrears

This is one of the few times that I've seen the CMS do their job.

The house sale was because he owed so much and had multiple properties (according to Daily Mail) but the key thing is that he was forced to do it because of arrears - 74k!!

Original poster

Tiffany1983 · 23/10/2020 11:01

OMG What an A hole that man is! My other half has overpaid but it’s for the benefit of his daughter so he didn’t mind but he just genuinely doesn’t have the funds to do this right now.

OP posts:

Hiphopboppertybop99 · 25/10/2020 19:27

No his payment can't be assessed on your income.
She can ask for a reconsideration and maybe appeal, but if he's not got a job yet then it's unlikely to change.
Assets can be used in 2 ways as a PP said perhaps when there is a substantial amount of arrears a charge would be put it on the property so if it was ever to bewabted to be sold, the arrears would be paid off. Usually a last resort.
Assets can be considered under variation, but not the home your partner lives in.
I think it has to be worth more than £31k. So it doesn't look like she would get anywhere with that.

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