CSA leaving my children with nothing to live on

December 19, 2009

I am 36 years old I have been with my wife for 7 years and we have 2 children together aswell as 2 children each from before we met. my wife’s oldest son who is now 12 has ADHD, we have had lots of problems with him and because of this I have had trouble finding work over the years. However, in April 2009 my wife and I took a huge risk, we gave up our council house and sold all our belongings to scrape together £5000 we then managed to talk a hotel owner into letting us buy the lease for this small amount and owe him the rest, he took pity on us and accepted.

When we moved in the building had been closed for 7 months and their was no customer database to start us off so we started from scratch, We are located next door to a derelict building which put’s people off staying and we have had many people walk out, we have contacted the council but they don’t seem to be able to do anything about it…they have however reduced our business rates because of the building which has helped us a little.

We are trying very hard to make a better life for our children, we tried everything to get a grant or loan as we hear everywhere that the government is trying to help new businesses but apparently we were not suitable, the bank would not even give us a bank account and then when we did get one we were refused an overdraught…however we have struggled through and have managed to pay all our bills, rent, business rates and almost paid off the rest of the lease. However this has left us with no income from our business and we are claiming Working tax credits, child tax credits and child benefit which is just about enough to live on. As you are aware season is now over, we have no more bookings at all now.

As mentioned I have 2 children who do not live me and I have been trying to arrange maintenance payments since February, I became so fed up of calling them and having them promise to ring back but they never did that I began to record my calls to them as proof that I had been trying. I finally received a call back a few weeks ago and the lady asked for accounts. I explained to her that I would not have accounts until April 2010 but that we do not have an income from the business. Then on 24th November I received a decision from them which states that my average weekly income is £214.39. And that I have to pay £32 per week from April 2009. They want me to pay £32 per week plus £30per week to pay off the arrears. I thought that they were not allowed to take money from our child benefit, child tax credit or my wife’s share of working tax credit so i wrote and asked for a breakdown of where they got that figure from, after speaking to the decision maker todays she told me the break down of my income is my portion of working tax credits which is £41.80 and also my wife and my joint claim for Child tax credits which is £172.49. therefore they are infact taking money from the 3 children who live with me! She is putting in writing a refusal to look at it again and says I will have to appeal. She says that they are legally allowed to take into account child TAX credits. When I accused this of being stealing from the children who live here she simply said “we are allowed”

That is the only money we have coming into the house, we are a family of 2 adults and 3 children (full time) we also have my wife’s other child stay with us at weekends and my 2 children who the CSA are trying to take money for stay approximately 1 night per month. We have to pay £92 per week in child care for my 2 youngest boys, this leaves us with £122.29 to live off each week… CSA want to take £62 of this, leaving us with only £60.29…how can a family of 5 live off that?

Our hotel like most in Blackpool is only open through season, we closed on 9th November 2009 and will remain closed until April 2010, we still have all our bills to pay and no other money coming in, we have managed to pay all our bills up to date and have some money in the business account as well as a business overdraught which will get us through as far as rent and bill are concerned but £60.29 is not enough to buy food and clothes and other things that 3 children need.

My children’s mother who they live with has never worked a day in her life, she has been claiming income support for 14 years…she claims what the “law” says her and the 2 children need to live on, we claim in tax credits what the “law” says my wife, myself and our 3 children need to live on…so how can they take such a high amount from us to give to her…this will mean that we no longer have the amount the “law” says we need to live on but she will have MORE than the “law says they need to live on. Surely this cannot be right! We were better off when we were not working and living off income support….we work very hard now for nothing while my ex sits on her bum all day and goes clubbing every weekend.

If you could help we would be so grateful. If I have to now pay £62 per week I am taking money from our children here and we will have nothing to live on, if we than have to start using our business overdraught which we have fought to get then we will not have the money to pay our rent or bills or business rates. We are trying very hard just to survive this first year and just hoping that in our second year business may pick up.

My friend who about 18 months ago split from his partner of 14 years with whome he shares 2 children, lost his flat recently as he could not afford to pay,he works hard 6, sometimes 7 days per week. after paying CSA he is left with nothng while his ex also sits around doing nothing with her new boyfriend. Many of my friends are in similar positions.

Comments

5 Responses to “CSA leaving my children with nothing to live on”

  1. Brokenfather on December 19th, 2009 5:38 pm

    Hi Matthew.

    Just a couple of observations.

    1. The CSA are correct to include your tax credits for the purposes of your assessment. I believe this is the law so they have no discretion over it.

    2. If your ex is receiving income support, she will only receive £10 pw of the CM that you pay to the CSA. The Government will keep the rest.

    3.The CSA dont care how you will feed the children you have living with you, or yourself for that matter.

  2. chall on December 20th, 2009 10:49 am

    Hi,

    Before advice can be given, can you please confirm whether your case is on old OR new rules? – If your case commenced with the agency before 03/03/03 your on CSCS, on or after that date you will be CS2.

    The rules have changed regarding benefit claimants. They are no longer obligated to use the agency, they can opt out. At present they now keep the first £20, the rest is off set against their benefit.

    CTC are deemed the income of the non resident parent, regardless. However, WTC are deemed the income of the higher earner OR split 50/50 if earnings are equal.

    http://www.afairercsaforall.co.uk

  3. Ian Longman on December 20th, 2009 1:07 pm

    Hi All,

    Why are all these cases I am reading on here just like this one sounding very much like my case against the C.S.A

    I have always worked since 16 I am now 38, had good jobs all the way and have always tried to be careful with the money, until the CSA stepped on the scene, now I have nothing and I mean not a penny to my name.

    I have a Daughter one 16 the other 15.
    The CSA have hounded me from day 1 the mother has never worked a day in her life and she has moved on in her life, has a house a partner and children by her current partner and since day one I have payed thousands and thousands of pounds into the CSA for children I have never seen from day one, Is this right?

    As I said I have always worked in my life and I am at breaking point, I work 40 hours hard work per week, I get payed weekly, And I am left with only £20.00 a week to survive on is that right?……….where ever is the Human rights gone from this country?
    At the moment I am in overdraft in my bank, not because I have been over spending or anything like that and I am living off my partners wage all of which is having a strain on our relationship, while I picture these mothers out there living the high life on my money is that fair?

    The CSA still are saying I owe £5,800, I have at the moment lost my car, transport to work,I cant offerd to buy clothes, pay the dentist, pay for a hair cut, pay for very much about anything and its Christmas and I have nothing, to be honest loosing the will to live, this is what the CSA have done to me, this country is disgusting the way fathers are being treated by the CSA and the Government WE HAVE RIGHTS TO !!!!

    The CSA know they have thousands and thousands of cases which they handle where they are breaking the man to being poor and having nothing, How can they sleep at night and what gives them such a right to do this, I fully understand children have to be paid for but the urgument as its always been with the CSA is the amount of money they are taking from people, the goverment incourage people to work, can I ask what for?????…….£20.00 a week!!!……..I would be better off on the doll claiming from these people also, something I never ever wanted to drop to a level to do, but feel I have no choice.

    I have arranged a protest which is taking place at the Houses of Parliament, Westminster London, on Sunday the 10th of January 2010 at 10am and I very much hope you can join us, I have had hundreds of e-mails from people attending and anyone reading this I hope you’ll be there too, please go to the news section on this website to find details of the protest MAKE A STAND FOR YOUR RIGHTS !!!

    Kind Regards

    I. Longman
    longman@consultant.com
    Protest Organiser of CSA UNFAIR PAYMENTS

  4. Matthew Cheltenham on December 20th, 2009 10:07 pm

    It is a new case….this year.

    My friend lost his flat because the CSA was taking all his money and I have loads of friends in similar situations..I will pass on the message about the protest thanks..unfortunately I wont be able to attend but i will put the word out! have you started a roup on any networking sites like Facebook for a protest??

  5. Lisa Hewitt on January 13th, 2010 12:29 pm

    I am in the same situation there is no sexual discrimination in there ruining of your life? when myself and my husband divorced because he had been unfaithful and had a gambling addiction he took our youngest son to live with him which I agreed, I worked full time and he was on benefits for a bad back? I was happy to buy our son clothes etc but would not give my ex money. Five years on he takes me to CSA, I am still single and supporting two children from another relationship where the csa have not managed to gain any money from my ex partner (we were not married) The csa have calculated that they will take £66 week from my income and intend to take £500 out of my pay automatically, they did offer for me to pay on a credit card the £500 backdated, which I ahve not got. The worst of it is my daughter who lives with me attended private school she was offered a £27000 bursery (she is very intelligent for her age) of which I had to find the remainer being £330 month, my daughter came home for xmas break and has not been able to return because I can not afford to pay any more she has had to leave her friends and an amazing opportunity to progress in life. I am currently trying to get her back into state school. In csa working out they also took my tax credit into account, in the information sent it stated that they do not do this?? I have spent numerous time on the phone and have been extremly stressed and felt like giving up. I have also been victimised due to my past husband being abusive and have felt unable to see my son because of this. I tried to fight it. No loans etc were taken into account even though it had been five years and this came out of the blue. I am at my wits end and yes you can say its only money but if I can not afford to live whats the point.

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