New CSA case

Hope someone can advice. My boyfriend has been in discussion for a while with his STBX re financial matters. At present he pays all mortgage on FH plus joint bank loans and credit card debts. The agreement was she was to pay quarter of mortgage and he pays no CM.

Then she decided to not pay any mortgage and he had to pay CM.To get things moving along the agreement via email beginning of December was that he would pay half the mortgage, all the bank loans, all the credit cards plus CM. He worked it outon CSA calculator approx £47 per week she wanted £90 and they agreed at £60. He has his 16 year old friday night until Monday morning.

however despite him saying yes all agreed lets get this moving she has gone to the CSA (the day before it changed to other method) This all happened pre their chat, November I''m led to believe.

he has now had a form to complete for the CSA It says give us your his gross income. He didn''t get forms until Xmas week so hasn''t completed and as such received another letter yesterday. he has contacted his STBX to ask why she has gone to CSA when they had agreed an amount in private but she refuses to anwers text or calls.
Now the question is this. SHould he complete forms now and go with CSA? Will it be his gross income used.The forms are old CSA I''m told.
If he completes forms and then STBX calls next week and agrees to private arrangeent what happens then?

At present with paying mortage debts his rent food etc plus CM he will be left £200 in debt every month and she is now threatening to go down the Spousal maintance route.

Many thanks for any help.

If he has calculated that he was voluntarily paying more than the CSA option then applying to them is completely barking.

Nevertheless he''ll need to fill in the paperwork. You didn''t say that he has his son alternate weeks so I''m presuming that''s 3 nights per week. That means the calculation would be:

(Gross income x 12%) x 4/7

He could argue to the CSA that he''s paying the mortgage in lieu of maintenance, and he may not have to pay anything.

She could apply for spousal maintenance, and by paying things like bills he could be setting a precedent over his ability to pay.

If you could give some more information then it might help to get a better picture. The information needed is:

Their respective ages;

The number of children they have and their ages;

How many nights the children spend with each parent;

The length of their marriage and any period of pre marriage cohabitation;

Their respective incomes;

Their respective outgoings;

Their assets - both soley held and joint;

Their liabilities.

Thank you.

He has sought legal advice and been told he can''t really do much because he earns 50k.Doesn''t help with him paying mortgage and his rent etc but hey he just wants it all sorted.

I have been on CSA site and worked out his gross weekly is £961 and he has his son 3 nights a week all year round.So weekly maintenace to her should be £63.if that is the case perhaps he is better off going that route to make it easier all round?

There isn''t really any choice about completing the paperwork. If the parent with the majority of care for children applies to the CSA/ CMS the paying parent is legally obliged to provide the information requested. Failure to do so results in provisional assessments or employers being approached for the relevant details.

In our case my ex failed to reply to the initial CSA letter within a week so he was sent another. He didn''t reply to that either and after another seven days the CSA contacted his employer for the information and then child maintenance was deducted from his earnings shortly after. It''s a bit more complicated and slower when the paying parent is self employed but ultimately they are liable for payments from the time the first notification was sent or two days after.

Thank you Fiona.
he is on second letter which arrived Monday albeit he only opened it yesterday as hadn''t been home. he is going to complete tonight.

What if ex decides then at weekend she will do private agreement will she call CSA and cancel whole thing or will it go ahead as a CSA case anyway?

We had a private agreement as agreed in court during our divorce. I had been paying that on time every month through DD. My ex heard she should be getting more under new CSA rules so filed with them...

Oh the joys. So I filled out the paperwork and spoke with them, also sent in proof of the money I had been paying her over the past two years (around 2K per month). She told them I hadnt paid anything.

Case was dismissed.

His problem is that it was a verbal agreement that he pay three quarters of mortgage and no CM.In November she stopped paying any mortgage hence him being in total debt every month now. He also has always paid bank loans and credit cards. sadly both in his name but accrued during their time together.