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CSA advice forum » Child Support Agency

1. alex123
   Member
   
   

   I left my wife in 2006 and divorced in 2007.I paid 1200 pounds a month for three children under 18 until December 07 then i reduced it to 1000 pounds a month plus paying football subs and seeing them and feeding them at least 3 times per week,I took my ex to court in 08 to get my payments reduced to 600 pounds per month.I paid that until August 2010 when I lost my job,was unemployed for two weeks then found a job which pays less.Since then I pay the mortgage on the house they live in.Eventually I am suppposed to get 40% of the sale price when the youngest is 18 (in 7 years).I have never missed a months payment and now my ex has got the CSA on to me.I have worked out my payments would be around 340 per month which is 60 higher than the mortgage i pay for her now.Will the csa demand that I pay the mortgage and the csa payment?I cant afford both.Any hep please??

   Posted 1 year ago #

2. M4tty
   Member
   
   

   Has she got the csa onto you or has she applied for benefits?

   Posted 1 year ago #

3. alex123
   Member
   
   

   dont know i havent asked her as i hate having anything to do with her,she has threatened in the past to bring the csa in but i also know she has lied about the amount she recieved from me in the past at the benefits office(my youngest son was with her and told me)does it make a difference if she goes to them or if it gets picked up through benefits?
   thanks for replying.

   Posted 1 year ago #

4. peter546
   Member
   
   

   The CSA will take whatever it is they calculate. They will not take the mortgage into consideration. You need to build up a proper record of all your previous payments. Money spent on the children when they are with you just does not count. And they will demand arrears back to the date they first contacted you. Do you have a Court Order saying that you have to pay the mortgage and that you will receive 40% of the property value?

   If you got the payments reduced in 2008 were you paying maintenance by Court Order? If so, has the CSA notified the Court that it is taking over?

   Whatever you do, keep the contact going with your children, don't let her stop that.

   Come join us on CsaHellHelp on Facebook.

   Posted 1 year ago #

5. alex123
   Member
   
   

   thanks for the reply.the csa have calculated the amount i have to pay and it starts next month.the court order stated that I pay 600 per month and she was to remove me from the mortgage and take it over on her own.she has never done this!.i dont have any arrears to pay but its so annoying that I have always paid over what the csa would take until i lost my job last year.I earn half of what I was on and the csa payment is going to mean I may not be able to afford the petrol to see my boys every week.I am going to stop paying the mortgage and she will have to pay it out of the csa money which she can and have about 100 left over.i know she will never sell it when she is supposed to (when my youngest is 18)so she can have it all as long as i have nothing else to do with her.she has already cashed in the endowment on the mortgage about 4 years ago.i am thinking about if it would be an idea to declare myself bankrupt,any views?

   Posted 1 year ago #

6. stargirl
   Member
   
   

   Unless she has a job and sufficient income to qualify for a mortgage in her own right, she may not be in a position to get your name off the mortgage - they won't just take you off unless they think she is a good risk and can afford it on her own. Basically she has to more or less get another mortgage, which cancels the first one.

   If she can't do that and you apply for a bankruptcy, I guess that will force a sale on the house. Is that what you want? Bankruptcy is a big step and if you are seriously thinking about that you need to take some proper advice as it will have long lasting repercussions.

   With regard her not selling the house when the youngest turns 18 - again you need proper advice on this - but I am pretty sure that if you have a court order saying she has to do that, then you can force a sale at that time. If you don't have a court order saying that, or any kind of legal agreement, then you should get one.

   I really think you should see a solicitor. I know they cost a lot but you have unresolved property issues and debt problems, and in the long run it will probably save you a fortune.

   Posted 1 year ago #

7. peter546
   Member
   
   

   Are you having to pay the mortgage under a Court Order? If you take your name off the mortgage then you will probably lose your entitlement to the 40% when sold. How did she manage to cash in the endowment if the mortgage is in joint names? Of course if you stop paying the mortgage (can she afford to pay it?) you may be able to get the mortgage company to call in the mortgage and force the house to be sold. Is that what you would like to happen?

   As mentioned before come join us on CsaHellHelp on Facebook. There is a lot more advice available.

   Posted 12 months ago #

8. Big Gaz
   Member
   
   

   If you are paying the mortgage, or part of it, you can apply for a variation. This will reduce the amount of your net income that is used in the maintenance calculation. Ask the CSA for an application form. Be sure to return it within 14 days of receiving it.

   Posted 12 months ago #

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