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[Solved] Help Needed

 
(@adderlink)
New Member Registered

I'll give a bit of back story first, i have three children by my ex and my ex has never supported them financially since birth. We sperated just after the birth of our twins and i was left with care of all three however 2 years ago it got too much with our eldest child because he has extremely violent tendencies and was a risk to his other siblings so we agreed that he would go to live with my ex. Now i returned to work after a period of ilness and since then he has been claiming maintenance for the child living with him, so as such a lodged a counter case with the csa regarding the other 2 children in my care because if he was expecting money to pay for our eldest's upkeep then why should he not contribute to his other childrens care.

The issue that i have is that for the last 7 years he has been bouncing between unemployed and being a student(doing various different full time courses) so the most i have ever recieved towards his childrens upkeep is £20 a month yes i am expected to pay £122 towards my eldest child. Recently he informed me that he has been declared unfit to work so is now on the higher rate of esa which brings his weekly income £50 short of mine a week as i can only afford to work part time due to childcare costs and he lives with his elderly parents so has no rent/council tax or utilities to pay unlike myself who has full rent/council tax ect. to pay.

Am i wrong to say that the whole system seems completely biased in his favour? so really i am looking for a little advice to where i stand on matters because i feel that he should not be receiving more for one child than i do for the other two. I have tried to come to a private agreement with him previously to keep things amicable for the childrens sake but he broke that and went straight to the csa.

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Topic starter Posted : 13/06/2013 12:53 pm
(@dadmod4)
Illustrious Member

Hi and welcome.

Usually, it's the father coming on here to complain about the way the CSA treat them, and that the system is not fit for purpose, but unfortunately, you are finding that it's just not suitable whatever the position is. I'm afraid that the way the CSA works (at present anyway) is that each of you is assessed separately on your own incomes (or benefits) and that is the sum you have to pay to the other parent. Chances are, if he's on benefits, then he may have been assessed at a flat rate of 5 per week (which will be doubled to 10 per week as of next year I think), whereas you have to pay 15% of your income to him, and there's not a great deal you can do about it I'm afraid assuming you stay in employment.

It may be worth raising it with your MP - it will cost you nothing to do so, but I fear that he will probably get a fairly standard reply from the Secretary of State for the DWP which says nothing that will help you.

I would make sure that you are receiving all the benefits that you are entitled to receive in respect of housing, tax credits etc.

I'm sorry that I can't give any more positive help, as I think that yours really is one of those cases where the system really sucks.

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Posted : 13/06/2013 11:17 pm
(@adderlink)
New Member Registered

Thanks for your reply, i think my next port of call will have to be my local MP then, even if there's nothing he can do it's worth a try because my ex has now informed me that he plans on going back to being a full time student after the summer. The whole nil contribution for being a student is really just another way for him to shirk his responsibilities and it's really getting me down because i can barely afford to do day trips or activites with the children that involve entry costs and they haven't been on a holiday in the last 2 years just simply because our budget is so tight, yet he can send our eldest to activities 3 times a week after school, takes him bowling all the time, took him on a holiday last month and he has no regard for his other children. I really do sympathise with any other parent stuck in a similar situation to mine because it really is stressful and unpleasant.

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Topic starter Posted : 14/06/2013 2:14 pm
(@dadmod4)
Illustrious Member

Please keep us up to date with any progress you make, and certainly feel free to ask for advice or support.

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Posted : 15/06/2013 10:29 pm
(@Child Maintenance Consultant)
Noble Member Registered

Hi Adderlink

Thank you for your post. I am William, the Child Maintenance Options consultant. Unfortunately, I am unable to comment on your specific Child Support Agency (CSA) case as we are a separate organisation and do not have access to their case notes. However, I can provide you with some general information.

Under the statutory rules, the CSA works out child maintenance using the paying parent's income, which includes earnings, money from an occupational or personal pension and tax credits. They use the amount of income left after deductions such as Income Tax, National Insurance and any money paid into a personal pension scheme. They may also take a number of factors into consideration, such as the number of night stays the paying parent has with the children that maintenance is being paid for, per year and any other relevant children living with the paying parent who they have to support.

Depending on the income received, the CSA will place the paying parent into one of four rates. If you would like more information about how the CSA calculates child maintenance and the rates which paying parents are placed under, you may wish to visit the CSA's website at http://www.gov.uk/child-maintenance. You can also find the CSA's contact details on this site if you wish to call them directly.

You mentioned in your first post that you tried to set up a family-based arrangement with your children's father. This type of agreement does not need to be all about money, although many parents do include a financial contribution. A family-based arrangement can also include other kinds of support, such as you directly paying for things that your eldest child needs. A family-based arrangement is not legally-binding, however, many parents prefer this type of arrangement because it is very flexible and can easily be reviewed and changed to meet the needs of your children.

If you would like to try and renegotiate a new family-based arrangement with your children's father, we have a number of tools that may help you. We have a discussion guide that can help you plan your conversations with your children's father. We also have a family-based arrangement form that is not legally-binding, however, if it is used to write down the terms of your arrangement, it can help to formalise your arrangement. To give you an indication of how much child maintenance may be payable using the statutory rules, we have an online calculator. You can use the figure quoted in your negotiations to make a family-based arrangement with your child's father. To gain access to all our tools and guides, please visit our website at http://www.cmoptions.org/en/toolbox.

If you find that you are unable to set up a family-based arrangement, there is an alternative legally-binding arrangement to the CSA. This is called a Consent Order and it is an official ruling made by a court. To arrange a Consent Order, both you and your children's father will need to agree how much child maintenance will be paid and how often before going to court. Arranging a Consent Order can be costly as fees for solicitors, mediators and court costs may apply.

To make sure you are receiving all the benefits, tax credits and other financial support that you may be entitled to, you may wish to contact the Money Advice Service ( https://moneyadviceservice.org.uk/), Jobcentre Plus ( https://www.gov.uk/contact-jobcentre-plus) and HM Revenue and Customs ( http://www.hmrc.gov.uk/). The Money Advice Service offers people impartial information on a number of financial issues, as well as help on budgeting, products and services. Jobcentre Plus and HM Revenue and Customs can tell you what benefits and tax credits you are entitled to.

For more information about child maintenance, please visit our website at http://www.cmoptions.org. Alternatively, you can call us free from a landline on 0800 988 0988 between 8am and 8pm Monday to Friday or 9am and 4pm on Saturday. We also have a Sorting Out Separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: http://www.dad.info/divorce-and-separation/sorting-out-separation.

ReplyQuote
Posted : 19/06/2013 12:31 pm
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