Ex is paying nothing to the CSA based on their advice

July 9, 2012

I live in the Republic of Ireland and my ex partner lives in the UK. We have a 4 year old son who was born after we split up. It took a while, but we sorted out a maintenance arrangement between us, which up until March 2012 was absolutely fine. My ex is self employed – he is an IT contractor who had been working for the same organisation for over 5 years. In March 2012 his contract came to an end and he decided that he needed to tighten his belt and make a few cut backs – this included the maintenance payments.

Initially he said he would stop payments until he gets another contract. After much arguing, he relented and said he would pay half for two months and then nothing. He said he approached a family lawyer and the CSA who informed him that if he has no income he doesn’t have to pay maintenance. I simply can’t believe that he would be given such black and white advice and then be able to use it to justify not supporting his son.

He has been earning a fortune over the last 5 years and has been able to afford a lavish lifestyle, I can’t accept that he has suddenly run out of money! As luck would have it, he has a new contract and intends to start paying normal maintenance payments again in August, but the chances are this will happen again.

I have asked him if we can put together a legal agreement so that we can ensure that this doesn’t happen again. He says he will not sign something that means he has to pay maintenance when he isn’t earning. He is using the advice from the CSA as justification. It’s my belief that, as a self employed person, he should put measures in place to make sure he can meet his financial responsibilities when he is not in a contract.

He is still managing to pay his rent and bills, so why does he think it’s ok to cut out maintenance and then use the CSA to back this up. Can anyone advise me on whether he is telling me the truth ?

Thank you
Liz

Comments

3 Responses to “Ex is paying nothing to the CSA based on their advice”

  1. Alice on July 9th, 2012 3:12 pm

    He is telling the truth.If he not earning then he cant pay,if he claims JSA then he will pay five pounds a week..Of course he is not going to sign papers to ensure that he pays you if he doesnt earn any money that week/month.Ii he has savings then that is his money not yours.At least he will start paying again in August and will be providing for his child again.Are you claiming your child benefit and child tax ?Some NRP’s in self imployment dont pay anything or manage to pay a bare minimum in CS,so it sounds to me that you have a responsible father for your child who wants to pay and is paying when he is in employment regardless.

  2. Carol on July 9th, 2012 6:34 pm

    Your ex is right. If he does not have an income he cannot pay out, even the CSA acknowledge that. If his income is below £100 per week then he has to pay a flat rate of £5.

    As Alice aska are you claiming child benefit and tax credits? Obviously claiming tax credits you do not declare maintenance.

  3. chall on July 9th, 2012 9:27 pm

    Liz,

    When your ex pays maintenance for your son via your agreement, is it the calculation based on the same rates as the CSA would calculate, ie 15% of NRP net income including WTC + CTC if applicable, less a percentage for other children living in the NRP’s household, over night stays etc?

    chall ~ afairercsaforall

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