What is a new partner liable for?

[Mother's Little Helper]

If person A goes to live with a person B who pays for children through the CSA and person B then becomes unemployed but is not entitled to any support because of the living together rules and person A's income, what of the person A's income and capital have to be declared to the CSA?

 

I hope this makes sense and someone can help. Thank you.

[Ros1609]

I'm assuming that Person A would be a new partner for Person B? In that case Person A's income is not taken into account at all

[Mother's Little Helper]

Thank you Ros1609. I wonder if I could ask a further question. If the person paying child support is not receiving an income and gets no benefits because the new partner is supporting them does the ex partner, who used to get payment via the CSA still get those payments? As you may be able to tell this is all new to me!

[Ros1609]

Well if the partner who was paying CSA isn't earning any money then he/she can't pay the CSA. However if there is an agreement then arrears will be accruing and the CSA will eventually chase them for some form of payment

[Mother's Little Helper]

Well if the partner who was paying CSA isn't earning any money then he/she can't pay the CSA. However if there is an agreement then arrears will be accruing and the CSA will eventually chase them for some form of payment

 

Thank you Ros1609. So, for however long the person is out of work and no money is being collected by the CSA a cost will be accruing that will have to be paid? How would that be calculated? Also will the ex partner still be receiving a payment through the CSA or does that payment entirely depend on what is coming in from the person who has been paying the CSA until they lost their job?

[Ros1609]

Ok once an agreement is made via the CSA then it cannot broken until the child(ren) concerned are out of full time education or the parent receiving the CSA money advises the CSA the agreement can be stopped. Provided the CSA have calculated the amount to be paid and the monies are paid through the CSA (so the non resident parent pays the CSA who then pay the parent with residency) then if the payments stop arrears will accrue. However the parent without residency may well have informed the CSA whats going on so you really are better off speaking to the CSA and seeing what is going on

[Mother's Little Helper]

Ok once an agreement is made via the CSA then it cannot broken until the child(ren) concerned are out of full time education or the parent receiving the CSA money advises the CSA the agreement can be stopped. Provided the CSA have calculated the amount to be paid and the monies are paid through the CSA (so the non resident parent pays the CSA who then pay the parent with residency) then if the payments stop arrears will accrue. However the parent without residency may well have informed the CSA whats going on so you really are better off speaking to the CSA and seeing what is going on

 

Thank you so much. I am just a concerned parent whose grown-up child now lives with a (so called) non resident parent although they have the children for only a little less than the resident parent - something like one day per month. As I understand it my child's partner has always paid for the children but obviously now there is no income available my child is supporting the partner and the children when they are with them. My child seems to have been drawn into the ex partners anger at the loss of child support and I wondered just how much legal liability there was. I also wondered if the ex partner was still receiving the child support or if it stopped with my child's partner's inablility to pay. It is obviously a difficult situation all round and I thought understanding it might help me not to say the wrong thing!

[Ros1609]

I would advise your child's partner to ring the CSA and see what is happening on the case. The problem is no two cases are the same so its quite difficult to advise

[Mother's Little Helper]

I would advise your child's partner to ring the CSA and see what is happening on the case. The problem is no two cases are the same so its quite difficult to advise

 

Thank you.

[jadeybags]

Um, if someone becomes unemployed, with no income, regardless of what their partner earns, they wont be liable for CSA payments? If they claim JSA, they would likely have to pay about £5 per week, but I wasn't aware that arrears will amount over time? Is that definitely right? My brother pays £5 per week out of Incap benefit & has done for years, but did used to pay more when he was working, but isn't in arrears?

[antone]

Ok once an agreement is made via the CSA then it cannot broken until the child(ren) concerned are out of full time education or the parent receiving the CSA money advises the CSA the agreement can be stopped. Provided the CSA have calculated the amount to be paid and the monies are paid through the CSA (so the non resident parent pays the CSA who then pay the parent with residency) then if the payments stop arrears will accrue. However the parent without residency may well have informed the CSA whats going on so you really are better off speaking to the CSA and seeing what is going on

 

It is correct that the NRP cannot unilaterally change a CSA agreement once it is made, but just to be clear - if the NRP's circumstances change, the agreement will be altered to take account of this. So arrears will not normally accrue during period of unemployment as long as NRP pays the £5 per week standard deduction from their benefit.

 

In other words, if NRP stops making the required payments, then arrears can build up, but the required payments will be changed based on NRP's circumstances.

[jadeybags]

It is correct that the NRP cannot unilaterally change a CSA agreement once it is made, but just to be clear - if the NRP's circumstances change, the agreement will be altered to take account of this. So arrears will not normally accrue during period of unemployment as long as NRP pays the £5 per week standard deduction from their benefit.

 

In other words, if NRP stops making the required payments, then arrears can build up, but the required payments will be changed based on NRP's circumstances.

 

Phew. That would have tipped bro over the edge if his original payments of £500 per month were building up whilst he's unemployed.