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Csa

  • survive
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19 Sep 10 #225418 by survive
Topic started by survive
Hi, wondered if someone cld help pls. My stbx has cut aminteneance by third. I have 3 children and he has decided to pay minimum 25% of his declared earnings. Emphasize declared as I know he earns a lot more (self emp) and the lavish l;ifestyle he leads and thgings he has brought etc. I asked sol and advice was to go through csa, as they are dealing with separate form E atr moment. He pays nothing else, except mortgage. On what he pays it doesn't even cover food bill for 3 children, let alone anything else. I have asked hom to split cost on things (a lot to pay out for at start of term) club fees ,clothing,sport clothing,trips etc. So far this has drawn a blank. I am becoming increasingly angry as I am about to go overdrawn, because I am paying for the children to lead the life they were used to (all their activities etc) while he swans about spending thousands on sol with petty letters and yet doesn't want to contribute enough. Is this a good father? incidentally he committed adultery!
I work part time and am also studying. I have also applied for several more jobs to keep us afloat. Why should he be allowed to get away with this? He keeps bragging to everyone how much work he has!
Should I go to CSA and let them do the digging?

  • sexysadie
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19 Sep 10 #225429 by sexysadie
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Hi Survive,

I think 25% is correct at CSA rates for three children so if he is also paying the mortgage then officially you are doing well. The problem is that he is self-employed so as you have seen he is working things out on his declared income not his real one.

You could go to CSA but they will start by assessing him on his declared income and then you would have to make a case that his lifestyle is clearly above this for them to start digging. I'm not sure how much they dig or how much that is actually up to you to provide to them - others will know though.

The real problem is trying to keep the children in the manner to which they are accustomed, which clearly you aren't able to. But of course you don't want them to suffer. I don't have a quick answer to that but you can make a case in Ancillary Relief for a larger share of assets in order to do maintain the children's lifestyles. Make sure you list all the children's needs in full in your Form E.

Best wishes,
Sadie

  • landoffairies
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20 Sep 10 #225450 by landoffairies
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I agree with Sadie if you go down the csa route firstly they will take 3 months to assess three payslips and then if he is only declaring a 'certain' salary and not a true salary you're stuck.
After they award you a payment you then need to apply for a variation based on the fact he has more money as his lifestyle is inconsistent with his declared salary. Sadly they expect proof provided by you in the form of documentation or by other means. All I can say is that hopefully if you have asked the right questions regarding his form E then he is legally obliged to produce the necessary paperwork ie bank statements, company accounts, even receipts of costly items. As you will have obtained these legally you can then support your variation application using this documentation.
Personally I have no faith in the CSA. If you need finances desperately then apply for interim payments/mps and select the child element on there.
Good luck
Lof

  • NewHorizons
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21 Sep 10 #225845 by NewHorizons
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Hi

As horrid as it sounds, he can do this. I have made sure that my lot haven't lost out on too much, but it does mean that I have gone without.

It is amazing how much children can understand, and it can be done in a way where you're not putting down the 'other' parent. (Facts can be discussed when they're adults)

With my lot, I have put a lot down to saving the planet!

I am as bitter as they come when it comes to my ex, however, the energy on the anger - although it often spills over - can be spent on enjoying the time you have with the children.

If they're old enough, sit them around the table and explain things and prioritise things.

I do Scouts and Cubs. That means that two of mine, other than the capitation fee, I don't pay subs.

I'm sorry if this sounds like I'm having a go, and its ok for me as I'm over six years down the road, but this is a hard one to win. If he wants to hide his income, then as far as I can see, there's not a lot the CSA can do to find it.

My very best wishes.

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