They are not my kids so why do I have to pay?

A question about : They are not my kids so why do I have to pay?

Hi

My partner is a sole trader and is not making much money, despite being very good at his job, and hasn't done so for many years. When we got together my partner and his ex had an informal financial agreement in place . But after a silly falling out she withdrew access to the children (from 3-4 nights a week down to 1) and went to CSA.

The original assessment came out at Ј6.24 a week, (much less than the in-kind contribution we were making), but she applied for a departure from the rules order because I had refused to give my income details and she hopesd to get more money. The assessment came back at Ј20 a week, saying that I should contribute 80% to my partner's housing costs. I strongly objected and my partner put in an appeal.

Both my partner and I want to contribute to his kids upbringing, but we can't afford any more. I have two children, that I brought up single handedly, with no CSA payments. Now they are both at University I am still responsible for helping them out financially and to pay this extra to my partner will result in me having to withdraw my own kids financial support. The CSA does not recognise them as children as they are over 18.

We have been asked if we want to proceed with the appeal and I am in two minds as whether we should do so. We have been told by the appeals department that if I don't supply my details then they will assume that I am on a good salary and make a decision on this assumption. As I do not earn a high wage a decision going against us would cripple me. The thing is if I fight this, the only way I can do so is by proving I can't afford to contribute and consequently give them my income details. I still do not want to do this as what I earn has nothing to do with the CSA! I don't even have a legal obligation to support my partner.

I feel that the CSA are blackmailing me into supporting my partner further so he can support his children.

What makes matters worse is his children would not be financially better off. They have everything they need and more besides as their mother is on a very good salary (twice what my partner and I earn) and is getting married very soon to her partner who is also well paid.

Does anyone know whether the CSA have been challenged on this? Can they really force me to support my partner when I have no legal responsibility to do so? Could I take them to court for emotional blackmail?

Should we continue with the appeal even though my refusal to co-operate will mean a punitive assessment against my partner if we lose?

I am in complete despair! Any advice would be grreatly appreciated

Kitty

Best answers:

• Hi Kitty,
  I have no children or experience of this so not really in a position to answer any of you questions but I am sure there will be others along who have more understanding of how this all works.
  It sounds completely unfair though, especially if you have your own children to support through uni - funny how they count as your children for the university fees/loans that you would have had to pay but not in this case :confused:.
  Hope you manage to get things sorted out.
  xx
• Hiya
  its a personal decision
  however
  if you refuse to give your details, they will assume you can pay half and only half.
  i have been in the same place as you and i insisted the partner refuse to even tell them my name as it is none of their damn business.
  they assumed i could pay half, at the time i was so angry at this he took them to a tribunal and told them i could pay nothing (it was not true but i hate the way they try to bully people) they had no choice but to accept i could pay nothing as i refused to give them details of me or my work. he was on pain of death if he told them so much as my date of birth.
  so if it siuts you to tell them fine and if not dont
• The orignial decision was that I had to cover 80% of my partners housing costs. Are you saying that that decision is illegal? I have also been informed that if it goes to appeal they could make me pay 100% of his housing costs!
  Thanks
• Bloomin eck! I am a PWC and a NRPP...when my hubby was asked for details for his assessment he was never asked about me. Not sure if it's to do with CSA1 and CSA2.
  I'm sure someone who is in the know will be along soon to help you better.
• I do not see why your income or any other details should have anything to do with the CSA and I would be livid if it was me.
  I hope it works out OK for you.
• is itCS1 or CS2??
  Under CS1, the NRP's partner's income can be taken into account, although they are not LEGALLY liable to disclose their finances. In some cases, it is beneficial to the NRP for their partner to disclose their income if they are on a low wage or are a non-earner as the CSA will automatically assume that the NRP's partner can contribute to 50% of the bills/housing costs, thereby upping the NRP's maintenance payments (as they are assumed to have more disposable income). Obviously, if the NRP's partner is not earning, or earns a low wage, then they can't contribute to the housing costs!
• As much as i hate the way CSA1 cases can involve an NRPPS income in this case you don't really have a choice. The whole point of the appeal process is to look at the facts and come to a decision. By not giving your details you are tying their hands behind their backs and not allowing them to see all the facts.
  You have two choices. Submit your details and hope the appeal panel find in your favour. Or refuse to submit your details on principle and accept that by doing so they cannot possibly have all the facts and will almost certainly find against you.
  Not a nice choice i grant you.
• Without posting actual income details - what % of the total is your earnings and what is your partners?
• Hi LizzieS
  My partner earned well below minimum wage last year and I brought in double what he did, but it still isnt much
  Kellogs36
  Quote:
• Regardless of your partners ex's financial situtaion, he still has a duty to support his children. You knew he had children so paying child support is part and parcel of that.
  Your own children are now adults and shouldnt need supporting financially, most students find part time work to top up their student loans and grants.
  Working a job that barely brings in any money may need reviewing, perhaps then the household income will be enough to support both sets of children and not just your own.
• Oh Gosh!!!
  We are not trying to evade paying towards the children's upkeep! This has never been in question. We are paying regularly and have always done so, but it is the departures order that is so very wrong! Where it is the amount that we are being asked to pay that is being objected to and that 80% of this amount will have to come from my income. It is my partner's responsibility to pay, not mine. You seem to have ignored the fact that when we first got together that, for the first year we had them 50% of the time and were paying for them indirectly... much more in value to the mother than we do now. But this was freely given. It was my choice, but the CSA are taking this choice away from me, even though I do not have a legal obligation to support his children or my partner. It is criminal.
  Both my children have part time jobs, but unfortunately that and their grant is not enough to keep them in food. Their accomodation alone takes up all their loan and grant. When their money is worked out there is no allowance made for the fact that we have other children to support because they don't live with us full time. Also the Grants people do not see students as independent and I am expected to contribute to their upkeep. So we get whacked from both the grants people, who refuse to recognise the step kids and the CSA who refuse to recognise my kids!
  My "step kids" have everything they need, food in their belly, clothes on their backs and my kids have holes in their shoes and it breaks my heart that I have no more sacrifices to make to help them out any more.
  What is more if my kids were working they would be happy to help us contribute to the family... all 7 of us.
  So please don't make out that we are avoiding responsibilities. That is just not the case. I love my step kids dearly, but my priorities are with my own children for the time being. When they are not dependent on me things will be very different.
  Quote:
• Kitty, as you have 2/3 of the income, the departure should be 67% rather than 80% by my reckoning. Just wait until Kellogs is online later as she is the expert on the first csa scheme which your partner is on.
• Hi Kitty, you are in a very unfair situation. I hope you do fight and good luck with this. It needs more people to stand up against the csa before anything will change but unfortunately most people cant afford the money or time needed for this. best of luck.
• I repeat, I do not see why the OP's salary should be counted towards the partner's children, especially if it means she cannot help out her own kids. I would not want to pay towards someone else's children.
  I hope she wins her case.