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CSA involved after 10 years of agreement

  • Cicvarek
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11 May 11 #267475 by Cicvarek
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Dear All
My husband and his ex-wife divorced/separated for over 10 year. They have 2 sons aged 15 and 14. He left their family home in an affluent area for the ex-wife with minimum share when she sells it.
So far he paid an agreed sum monthly for child support, and that was acceptable for both party.
During the last 3 years the ex moved in with her partner (only around the corner of the old family home) and sold the family home. (My husband did get his share).
Her parents passed away two years ago and being an only child she inherited and sold their house too.
She used to work full time, but now after accumulating so much cash in reserve, she accepted redundancy over a year ago and living off from the stashed cash. It is still fine with me...
However, just today my hubby had a call from CSA contacting to conduct an assessment on his income as they have received complaints from the ex-wife claiming that she don't have a job so the agreed maintenance amount has to be reassessed.
My question is: will CSA take into account her accumulated wealth and the fact that she chooses not to have job? Why does my husband has to pay for her lifestyle choices after 10 year of being divorced?

Any comforting thought or ideas about this situation?

Kindest regards,
K.

  • sillywoman
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11 May 11 #267480 by sillywoman
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Your husband has two children by this lady and therefore no matter what he is obliged to pay 20% of his net income towards support for his children minus an amount for how ever many days they sleep over with him.

  • Lostboy67
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11 May 11 #267486 by Lostboy67
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Hi
The CSA don't take the RP's situation into account at all, she could be sat with millions in the bank, your husband would still be assessed the same. 20% - reduction for days the children spend with you - reduction for any children that you have.
If the agreed amount that has been paid over the last 10 years your husband should concider himself lucky. He is not paying for her lifestyle choices he is paying to support his children

LB

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12 May 11 #267564 by Cicvarek
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Thank you both - it is very reasonable what you are saying, and that's what I tried to explain to my OH this morning.
Coming form a family where my father never paid a penny to my mum for the 3 of us children, I know it's not for "her" but for the boys.
It's hard to be standing on the sideline of a bitter divorce, even after 10 years.
Thanks again.
K.

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12 May 11 #267572 by WYSPECIAL
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One word of advice. Do not have any telephone contact with CSA insist all contact is in writing. The evidence trail it leaves when they mess everything up is much easier to follow.

Given ages of children there isn't long to go CSA wise. Calculate CSA figures and see what it comes up with, if he already pays it may not be as shocking as he thinks.

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12 May 11 #267591 by sillywoman
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To be honest I have nothing but praise for the CSA and I deal with them soley over the phone.

They have been absolutely brilliant. I always make a note of the date, time, the person I spoke to and what they say, but have never needed to use this information.

They have always been courteous, kind, understanding and my ex husband has been thoroughly annoyed by them constantly bugging him - but then if he had paid up in the beginning with no problems he would not have needed to be bugged by an agency who are working their hardest to ensure NRP help contribute to the children they helped bring into the world ;)

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21 May 11 #269135 by JLGsDad
Reply from JLGsDad
You have my sympathy as you are caught, like me and many others, in the CSA fairyland where fairness and past actions are irrelevant.

As unfair as it may seem, her circumstances are irrelevant to his 'duty' to pay maintenance based on his income and she can ask for more money because she's not working.

However, based on my contact with the CSA over additional payments I think she has little chance of getting more than the simple % of earnings calculation.

Good luck.

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