CSA and Lottery Win

[theGobbyOne]

Long story short.....a man I know has won 950k on lottery. 14 yrs ago he found out he was the father to a 6 month old boy after a brief fling. Mother had her boyfriends name on birth certificate and asked biological father and his family to take a step back so her boyfriend could raise child as his own. The biological father was quite young and foolishly agreed as did his family reluctantly. When child was 5 biological father contacted mother asking if he could have any kind of contact with child mother refused and said child believed her boyfriend was his daddy and it would be an upheaval and unfair. Child is now almost 15 and has no idea that mums boyfriend is not his biological father and here’s where things change......biological father is happily married with 2 children and has won 950k on lottery child’s mother has found out and has now decided she wants a lump sum and is contacting CSA. My understanding is that CSA can only use biological fathers earnings. £600k already been spent in new family home cars holidays etc does she have any claim in his winnings?? He has put aside money in a trust fund for his son for when he reaches 21 but won’t tell the child’s mother this as he thinks she’s just seeing ££££ signs and isn’t acting in best interests of child. He has done an online calculation for CSA and is now paying her £100 more per month than CSA would tell him to do despite having no PR not being named on birth certificate and never having any contact with his son. I’ve advised he get legal advice but it’s a tricky one he wants to do what’s morally right for his son despite the circumstances.

[Amethyst]

Well hello stranger xxx

When you say he's now paying £100 more than the child maintenance calculator says, has he been paying her child maintenance throughout or only since she contacted him about money ? and if he has was it through the csa or a private arrangement ? Also is the money he is now paying her through the csa or privately ?

Has he ever had a DNA test to confirm he is the child's father ?

Is biological father's wife aware of the situation ?
Is non bio dad aware he isn't the bio father ?

Anyway, 'unearned' capital like a lottery win falls under the 2018 amendments - so it becomes income ( classed as 8% interest pa as an increase in weekly income for csa calculations ) ( if the spent money was on family home then it won't count as income )

https://www.legislation.gov.uk/uksi/...79/part/2/made
In this regulation “asset” means—

(a)money, whether in cash or on deposit, including any money which is due to a non-resident parent where the Secretary of State is satisfied that requiring payment of the monies to the non-resident parent immediately would be reasonable;

(7)The Secretary of State shall calculate the weekly value of an asset by applying the statutory rate of interest to the value of the asset and dividing by 52.


Backdated wise - it would be calculated based on his income at the time it should have been being paid ( if he wasn't paying it and she'd lodged a case with the csa - if she hadn't and it was agreed he wouldn't pay anything then she can't claim backdated only amount based on current income ( inc 8% interest earned from the capital ) going forwards.


If he's got £350k in the bank it would be calculated as £538 a week income ( then he might have to pay 20% of that in child maintenance so £107 a week - obviously dependent on all other circs but he should get an idea if he does the cm calc again with additional £538 weekly income )

I don't know on the lump sum side- I don't think so - he wasn't paying previously due to an agreement - she hadn't been to csa previously so it would only be going forward until child is 18 or finishes further Ed ( college not uni)

First see what CSA say ( if she actually applies ) then get legal advice. *Don't let her blackmail him. He's done morally right in offering from the start and in putting away a trust fund for his sons 21st. *

[theGobbyOne]

Hello stranger right back.....non bio father is aware and bio fathers wife knows as well. He started paying her in September when she contacted him out of the blue .Non legally binding DNA test was done when the rumours started when baby was 6 months old by legally binding I mean it was a standard DNA done privately. Child has non bios fathers surname etc and at point there were discussions about non bio adopting but it didn’t happen for reasons unknown. Thanks for your fast response as well she’s never asked for money before and it’s a private arrangement she’s never given him any info about the child’s well being and she doesn’t want the child to know he’s bio father *as he’s asked yet again about the child being informed that’s he’s the father non bio and mother have said no and that they will do it when they feel timing is correct however they are asking as a minimum he backdates maintenance to the birth of child now. I’ve advised him to get legal advice ASAP.*

[Amethyst]

Well doesn't she want the best of both worlds at the cost of her son .....*The CSA shouldn't backdate beyond the date the mother put a claim in ... but half hour with a family solicitor should put his mind at ease.*