Child maintainance

[tamirra]

Hi, my daughter ex partner has told her that he is not going to pay her anymore maintainance for their 6 month old daughter, shes been told that if she goes to the CSA she will probally lose some of her benefits, is this right? thanks.

[redcrx]

who told her that?

as far as i know she would still get her benefits but any money they take from him would go towards that payment to her.

Of course as shes declaring his money already that would make no difference really.

[tamirra]

Hi, a couple of her mates have told her this, they said the only way it can be done without it affecting her benefits is to take it to court?

[Ethel]

She should be informing the benefits agencies of all her income, including maintenance from the baby's father - the benefits are then adjusted accordingly.

Whether she claims through the CSA or the courts will not make any difference.

More information here:
http://www.direct.gov.uk/en/MoneyTaxAndBenefit s/BenefitsTaxCreditsAndOtherSupport/Expectingo rbringingupchildren/DG_10018808

[Booldawg]

take him to the CSA - he'll lose ALOT more of his wages (if he's working) then if he'd made an arrangement between himself and your daughter.

[Booldawg]

take him to the CSA - he'll lose ALOT more of his wages (if he's working) then if he'd make an arrangement between himself and your daughter.

[notmuchtime]

The way the system works is this.
Two scenarios:

If your daughter is on Income Support (IS) she should be declaring all payments to the DSS.

The DSS are required by law to chase the absent parent for CSA payments for each claimant who is on Income Support.

If there is a mutual agreement for maintanence, the DSS are still entitled to know about this, however your daughter would be able to keep a small amount, up to �15.00 I think at todays rate. The rest would be deducted from her IS>

If your daughter has one child to Joe Bloggs and claims �100 per week in IS for herself, her child and the familiy premium yet receives from Joe Bloggs through a mutual arrangement a payment of �25 for the child, your daughter will keep �15.00 of that and her benefits would be reduced by �10 weekly.

If your daughter didn't give the name of the father to the DSS or refused to then the DSS can take a payment from her �100 per week, equivilant of what they might have claimed from the absent parent.

The only exception to the above is if the mum and child is in a very difficult situation through abuse, domestic Violence etc. But the DSS would require copies of injunction letter etc

[notmuchtime]

The second option is where your daughter is working and not claiming IS.

This is when she has a choice as to whether to pursue it through the courts or through the CSA.

The CSA will make an assessment on his wage and make allowances for any children who live with him, how many of his children he has stay over his house and how long.

So the options only someone has got it when they are working.

[surfydude007]

I suggest you ask Citizens Advice Bureau - they will know for certain. I was under the impression that she would not be worse off - it just depends on what she wants to do. Good luck.

[notmuchtime]

She would only be worse off is she was claiming and keeping more than what is allowed if she is on Income Support. Which is breaking the law as it is classed as fraud.
Your daughter needs to make the benefits agency aware of her income from maintence otherwise she will be liable to pay it all back, which no doubt will be a hardship to her.
What I would say though is once she is off Income support, say for example claiming working tax credits then she will keep all of the money which is payable to her.

To claim working tax credit you only have to work 16 hours per week. This equates to four days work doing four hours each day perhaps in the hours of 10-2 which is suitable even for those with children at nursery- so no excuses for not getting off benefits.

Those on Income Support who are also in receipt of housing benefit and council tax rebate will also get four weeks run on of all these benefits as well as any maintenance and wages they get too.

So her best bet is to get working and off benefits