my ex partner has not paid me any maintenance now for well over 12 mths. he has now moved in with a woman who?

Question

has 1 child which isnt his, if i go to the csa will they take that child into account when working out what my entitlement should be.Also will i get back payment for the time i have not received anything from him. Myself and my new partner are sick of him saying that he cant afford to pay us anything, he just sees us as being comfortable and thinks he can get away with his responsibilties as a father. I hate the way he treats his own kids by depriving them, when he spends money on her and her child who also put a claim in to say that one of my kids were living with them while i was claiming as a single parent for both my kids while they were both living with me which i may now be under investigation for what can i do

i was on working tax credit and was in receipt of the child benefit as both kids were living with me,and i was single at that time living alone, but my ex's partner put a claim in saying that one of my kids were living with them which was wrong they have always lived with me she put the claim in last june and it is being investigated now so im worried that i might have to make payments back to them if they believe them over me but like i said i have always been the main carer.

i dont get any benefits now im with my new partner,my ex has always maintained hardship maybe it is my fault its been so long ,but maybe im just soft as my ex has had it hard or so he says he has, i have believed him on every count but when he is buying for her kid/kids and they are gettin what they want it upsets my kids but there dad in there eyes can still do no wrong. Yet i struggle along and get no better thought of my kids kids are 12 and 14

Answer 1

I'm afraid to say it but the CSA is a very messy department who havn't got their act together yet and after running for several years probably never will. If you do manage to get through to them it will take them months to act on your claim. The paternal father is responsible for the keeping of his children and is lawfully bound to pay maintenance until they reach the age of 16 or finish their education should they go onto college or university. Should the child find employment prior to the age of 16 you have to notify the courts. The other woman and her children will not be taken into account when CSA are assessing his payment abilities but any child of their union will. Also your income support will be reduced once he begins to make payments and you will be entitled to back maintenance if you are able to get it.
Your best course of action is to see a lawyer (legal aid) who will take the case to court much quicker and there your needs will be assessed and she can apply for an attachment of earnings based on his poor payment record (take the maintenance straight out of his salary) if he is employed. If he quits his job because of this stiff bickies for him. Take yourself to a lawyer who deals solely with family court and good luck, make him pay.
Don't worry about the investigation it will go nowhere.

Answer 2

CSA calculations are 15% of income for 1 child, 20% for 2 children 25% for 3 or children, this would be after certain allowable living expense ie rent, mortgage etc

if you was receiving child benefit for both children u should be ok wit investigation, whose investigation u Income Support or Tax Credit fraud?

Answer 3

I don't understand why you left it 12 months without doing anything and then come on her trying to find the answer.

If you managed to survive without his contribution for 12 months, you are receiving a tax credit and you have a partner, it can't have been a great hardship for you.

You might be angry with him for his behaviour, but if your child NEEDS that money, who has been the irresponsible one in not ensuring he gets it? It's not your partner, as you obviously consider him to be untrustworthy anyway.

Go and see the authorities and get someone to help you.

Answer 4

I don't know where you are, but pretty much everywhere you can get back payments.

As for whether the other child will be taken into account, it depends on the facts and where you are. My guess is that his move in with a woman is relatively new, which would suggest the child may not be taken into account.

Answer 5

I suggest you point out to the csa that they are just using delaying tactics to avoid paying out his financial responsibilities. I assume your children both go to school from yours. i also suggest that you list dates that they were with you/him. Anyway she should be getting money from her child's father so that is her problem anyway.