A question about : Maintenance problem!
Hi guys, my first post but I have been browsing the forum and it seems very helpful so hopefully I can use some of your advice!
Me an my partner split up in March 2014, as of July 2014 I started a child maintenance case. As he was only working at McDonald's part time he was only earning Ј140 p/w, he paid Ј63 per month for 2 children.
I thought this was bad enough, until recently he used something against me and he is now paying Ј9.16 per week, yes you read that correctly, for 2 children!
Here are the issues:-
- Because Mr *******'s gross weekly income is Ј114.73 per week, this means this amount would need to
rise above Ј143.42 per week or fall below Ј86.05 per week for your payments to be affected.
He has actually started a new job in the past 2 months where he earns just over Ј1000 per month, so this is wrong, but maintenance said they will not review the case until July 2015.
-
You should tell us if any of the information we have been given about this variation changes. For example,
if you find out that the amount of costs or expenses Mr Northfield has to pay has fallen to less than Ј10 a
week. You can do this by calling 0845 266 8792.
He only has them one or 2 nights a week, where i provide the nappies, clothes etc. to take to his house, so i believe his expenses is less then Ј10.
- We now take into account the costs Mr ****** pays for debts from a former relationship with you.
This amount is Ј25.28 every week.
This is the main issue, he took out Ј5000 loan when we were together, over 5 years. He stole my V5 from my house when we split up, the V5 for MY car with the V5 in MY name, and sent the V5 to them claiming he paid for the vehicle, when there was no proof, he has no receipts only a transaction on his statement for a vehicle, not defining this car. As the money was spent on stuff for the kids and house I paid the loan since January 13 (when it was first taken out), and I paid it for 17 months with a total of Ј1862.52 paid off. He is now paying the loan as he took the TV, computer and other household goods. So why are the CMS on his side and using the loan against me?
The CMS do not know I paid 17 installments of the loan, and I have also paid him Ј433.30 to help him out since January 2013 too.
I really need help with this guys, as I cannot afford to sustain a good life for my children, when their selfish dad only pays Ј9 per week.
Thank you
Best answers:
- yes...well that's the result of the case. Wait until the review date and you should get more next review.
As far as I can see he got a job in the last 2 months but you'll have to wait until a review for that to be taken into account.
He has the kids for 2 nights so has a valid deduction...stop providing anything with the children including clothes...just send them as they are. He'll have to buy them himself. That's what the deduction is for.
Now regarding the V5. If it was theft as you say then if he took out a loan against that then that is fraud which you can and should have reported it to the police at the time. Saying 17 months later after you knew about it and made payments on the loan isn't going to help and I really don't think the police would do anything now. As you say the loan was taken out to spend on the kids and on the house which the kids live in so he has a valid reason to include in a variation.
Sorry about that...yes it's only Ј9 per week now but that won't be for long. Wait until July 2015 for your next review. - I know it's not what you want to hear but at least ur getting some support there's many parents where the ex partner does not pay a penny to them, my dd is 12 and it's only in the last couple of years that he has the Ј5 taken out direct from his benfits - even when he worked he refused to pay for de even thou the assessment was Ј85 per week.
As the others have said if his payment has been reduced due to overnight care the. Just send the children as they and see what he does x - If his income has risen by more than 25% then he has to inform CMS.
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