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CSA advice forum » Child Support Agency

1. Paddlinginthedeepend
   Member
   
   

   My SO has three children by his first marriage aged 13, 12 and 3. He has joint custody of them (160 per year, so every Fri/Sat/Sun night plus bank holidays) but they are officially resident with their mother. (She is due to remarry in December.) He works in a reasonably paid job and child support is paid by CSA guidelines. (We live in the UK.)

   We're looking into having a child of our own. It's fairly simple to see how the calculation changes if there is another child in the equation. However, for the other three he was the stay at home parent and primary carer - he has mentioned he would like to do this for our child. How would this affect his child support payments if his income drops, or even stops altogether and I become the main wage-earner? Would the CSA be based on his new or his old income? Would I become liable for his child maintenance even though the other three are not biologically mine? What are the tax implications - it would be my first child but his fourth, which would then affect our child tax benefits if it went in his name and not mine!

   We do not currently live together and we are not married; this would likely change if we started a family of our own but I want to know what I'd be getting into and the options available, and perhaps whether we should wait to get married etc.

   Posted 4 months ago #

2. Indeego
   Member
   
   

   Quite simply the CSA payments your partner has to make is based upon his current income and his alone, so if he is a stop at home father with no income he will be assessed as needing to pay nil, they will not take your earnings into account (this is under the CSA 2 rules which is what he will have been assessed on given the ages of the children). You will not be liable for this, the only thing that would have to be cleared is any arrears, but again that is only handled with your partner. In terms of the tax implications not sure which taxes these may be, but tax credits will not change vastly.
   Hope that helps.

   Posted 4 months ago #

3. Mark148
   Member
   
   

   He may not have a legal responsibility to pay if he has no income. But I would say that he has a moral duty to pay for his children and this must be taken into consideration if and when he voluntarily gives up paid work to sit at home and look after 1 child.

   Yes he has a new life but this is not an excuse to cast off responsibilities that he should be 'manning' up to from a previous relationship.

   I personally believe that it would be morally wrong for him to put himself into a situation were he is unable to financially contribute for the upbringing and wellbeing of HIS children.

   Posted 4 months ago #

4. Paddlinginthedeepend
   Member
   
   

   Indeego - he has always paid in full and up front, so I'm assuming that means there should be no arrears.

   Mark - you do seem to have a bee in your bonnet about 'manning up'. I was asking purely about the financial aspects so a full and informed decision can be made. It does not make sense that the higher wage earner stop working as the total household kitty will be smaller. The stepkids would be treated in the same way as the rates or utility bills - something that has to be paid whatever happens and would have to come out of the household kitty, but the last thing wanted is that the CSA payments go up because my wage is higher and they start including that in their calculations.

   The irony is that if we could have them an extra 23 days a year, we'd be an extra £450 or so a month better off based on the various calculators (we stop paying maintenance, get all the tax benefits, and received a token maintenance instead). Those are an expensive 22 days!

   Posted 4 months ago #

5. Mark148
   Member
   
   

   If anybody voluntarily puts themselves into a position where they stop earning money and therefore cease maintenance payments then they will be hard pressed to find any support in their course of action.

   I firmly believe that parents should act responsibly and pay for the associated costs in the raising of their children. I pay just under £500 pcm for my Son and continue to do so. I believe this to be too high as it does not cost this amount to raise 1 child but alas that is the CSA for you.

   I can understand what you are trying to achieve but if it means that contributions to the mother of your partners children cease then I believe that to be morally wrong.

   Posted 4 months ago #

6. Indeego
   Member
   
   

   Mark, if you read the initial question this is not a case of voluntarily stopping work to cease maintenance payments. It reads that he shall continue working, but should he have a new born child would like to be the parent that does the caring at home, like he did previously, not "oh great I will not work now and this is a good excuse to cease my payments".
   Morally speaking I can not see how it could possibly be morally wrong to be the full time carer and parent for a new born child, AND have his other children in joint custody. Given this case there is a new born child in the house, 3 other children that come as joint custody and the biological parent is the one that is doing the caring for the children, whilst the mother and step mother is working and presumably earning less to pay for all this, and that seems reasonable to me.
   I don't advocate avoiding paying for your children, I pay without fault, but in some cases that "payment" does come in other terms as taking care and responsibility for your children.

   Posted 4 months ago #

7. mashathome
   Member
   
   

   Hi indeego,
   1. As far as i know the csa have no right to take your income into account. the csa only take the biological parent into account.

   2. I have noticed that you have the children almost 50% of the year, the csa should have also taking that into consideration and give you a reduction for overnight stays at the non resident parents house.

   3.I would strongly suggest you speak to the tax credits office as well with regards the fact your partner has the kids almost 50% of the year yet the resident parent is receiving tax credits.

   I really dont see how your partner should have to pay csa and yet the ex receives the csa and tax credis when he has the kids as often as he does

   p.s if you have already had this taken into account then i apologise for ranting.

   Oh and if he stayed at home for the upbringing of his first kids then why should he treat a new baby any different. i totally agree with you there

   Posted 3 months ago #

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