Can husbands ex cancel csa claim

[Emsee2]

Hi I'm new hope I'm posting in the right place-

My husband recently contacted csa as both our wages have been reduced - I'm now on maternity leave and have been told I don't earn enough to get smp from my employer so Iv had to go thru job centre n claim maternity allowance and in September he had his hours reduced at work. Since this we have been struggling to make ends meet ( I also have a 3 year old son from a previous relationship) anyway he had no choice but to inform csa of our reduced income, they recalculated the claim and it appears that the amount we

Should pay is not good enough for his ex? He received a letter today And she has canceled the claim by saying the child No longer lives with her??? That money is for their child Not her ! Is there any way we can stop her cancelling the claim? Can we appeal? We don't want to stop paying what he's entitled to ??? Also can she ask for the case

To be re opened at any time in the future? She's just wasting time, messin people about and causing unwanted stress.

Thanks

[antone]

You are posting in the right place, but I must admit to being puzzled by this. Let's make sure I'm understanding things correctly:

 

• Your husband is a Non-Resident Parent (NRP) of a child
  
• His ex is the Parent With Care (PWC) of that child, in other words, the child lives with her
  
• As a result of changes in your circumstances, your household income has decreased
  
• Your husband informed the CSA of this, and as a result they calculated a lower maintenance payment to his ex
  
• His ex is unhappy about the reduced amount
  
• And in response, has cancelled the CSA claim stating she is no longer the PWC
  

Is this correct? And while she has told the CSA that she no longer has care of the child, is this true?

[Emsee2]

Yes this is correct - I kno some people would probably be happy with this.

The child is definately still in her care as Iv spoken to someone who knows them well but the letter he received from csa said the payments were no longer in force because the child is no longer residing with her ?

So Basically she's sayin a big fat 'F YOU' to us - ur money isn't good enough, how ever I believe that money is for her child! N if it's not good enough for her then she should put it into the child's bank account. Thank u

[Lillibelle]

How old is the child?

[Emsee2]

He's 4

[Lillibelle]

I would put the money aside for the child until this is solved.Sorry i can't help you furthur,I don't want to give you the wrong advice,,but i hope this resolves for you...Are you still seeing the little one?

[Emsee2]

No, another issue we're trying to resolve -but she is havin none of it- we haven't seen him for about 12 months now, She stopped all access when se found out we were getting married and then put a claim in for csa. He's going to run csa tomorro see if there is anything he can do, if not we'll open a bank account. Put it in there. Thanks for your replies

[Lillibelle]

Then make sure you put the cash aside,it will help bolster your case when the time comes re access. We had the same sort of thing (chid is older though),and it stood in our favour that we had been saving her money. I'm not sure if legal aid has stopped for access issues yet,I'm sure someone on here will enlighten you because you will need a good solicitor,,and CAFCASS's involvement. (I'm sure you know all this)

Good Luck

[Emsee2]

Many thanks

[Ros1609]

I am a PWC (parent with custody) and was told that until my children reach the upper age limit (in which case the claim automatically stops) the only way to cancel it is for me to ring up or write and state that we have a private agreement. I think the behaviour if your husbands ex is very strange and in your curcumstances I would be paying the cash into a bank account for the child and finding myself a good solicitor

[Mother's Little Helper]

I must admit to very little knowledge in this area but surely the PWC can't just say the child no longer resides with her without saying where the child is living?

[Ros1609]

I must admit to very little knowledge in this area but surely the PWC can't just say the child no longer resides with her without saying where the child is living?

 

My thoughts exactly. It seems very strange to me

[*Thumper]

Very strange, indeed!!

 

Via her conversation with the CSA, she will have "moved" to Private agreement..... Thats what will go on record.

 

If she has second thoughts, then her new claim, will start from the date, she applies to the CSA

 

In the meantime, put the money aside, in a sepearte account. She will have no entitlement.

 

The issue of not seeing the child, is seperate. And not paying CSA, will have no bearing on a future court case

Should you two so wish to persue, through Cafcass.

 

I find it most strange, that a parent with care, refuses funds through the CSA ............... most strange!

[antone]

Very strange, indeed!!

 

Via her conversation with the CSA, she will have "moved" to Private agreement..... Thats what will go on record.

 

If she has second thoughts, then her new claim, will start from the date, she applies to the CSA

 

In the meantime, put the money aside, in a sepearte account. She will have no entitlement.

 

The issue of not seeing the child, is seperate. And not paying CSA, will have no bearing on a future court case

Should you two so wish to persue, through Cafcass.

 

I find it most strange, that a parent with care, refuses funds through the CSA ............... most strange!

 

These were my thoughts too, and this is why I asked OP for clarification - it's just...bizarre.

 

But yes, PWC can reclaim via the CSA at a future date, but not retrospectively. So if she flat out will not take hubby's money because she thinks it's not enough, then what I'd do would be to put the amount aside, as you say, and find another way to get the money to the child.

[antone]

So Basically she's sayin a big fat 'F YOU' to us - ur money isn't good enough, how ever I believe that money is for her child! N if it's not good enough for her then she should put it into the child's bank account. Thank u

 

Meant to add - she doesn't sound like the most stable, level-headed person. So I would restate my suggestion that you and your husband put the money aside for the child, rather than giving it to her and assuming she'll be responsible with it and put it in an account for the wee man. This suggestion, of course, applies only while no CSA obligation is in force.

[Mother's Little Helper]

I'm still a bit worried about the child. The CSA won't worry because it's not in their remit but if the ex has stated that she is no longer the PWC surely she has told the father where the child is living.

[antone]

I'm still a bit worried about the child. The CSA won't worry because it's not in their remit but if the ex has stated that she is no longer the PWC surely she has told the father where the child is living.

 

I took it that the child is in fact still living with PWC and that ex is lying to the CSA for reasons that remain unclear. But yes, this is still a valid concern.

[Emsee2]

The Lil one is still definitely living with her- even tho the letter says :

I'm writing to tell you that liability for child maintanance is no longer in force, this liability for child maintanance ended on 28/12/12

This means that regular payments no longer need to be made

Then goes on to say if there's any arrears ( which there isn't) - they will contact him.

Then : the reason why the application is no longer in force is as follows : the other parent does not have Thame qualifying child or children living with them! ???

 

We were so confused by this n obviously worried but we have spoken to someone who lives near,has seen her n the child reguarly and has confirmed the child is still living with her.

 

And as for strange she IS very strange. I think she's done it so she can now maybe tell people my husband doesn't contribute towards their son? But Iv recently learnd she's plastered this personal issue all over face book - maybe seeking attention? Admitting she's cancelled

It?

I think she's prehapse done this as maybe shes offended by the New amount ???

I dunno - I'm truly baffled!

Once the husban is home from work he'll ring them n see what's what!

Thank u for all ur replies n help

[Mother's Little Helper]

It's very tiring dealing with peoples strange behaviour but I suppose, as long as she isn't claiming any other benefits, she isn't doing anything wrong - I think. Dear oh, dear, I can only agree with everyone else that you should put the money in an account for the child and try and explain when they are old enough to understand.

[afcwben]

I assume she would still be claiming child benefit and the CSA have the ability to check this. However my concern is for the child, as the PWC is stating she no longer has the child (if this is true or not) does the other parent contact the Police to state their child is missing? Because basically this is what we have presented in this case.