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Can my dad stop paying CSA payments?

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  • Can my dad stop paying CSA payments?

    Hello

    I am 16 years old and I am about to leave school and go to college full time. My dad lives with his new family and he has decided that they are going to move to Canada. My dad says he is moving to Canada, after retiring from the Royal navy, and cannot afford to pay any CSA payments to me. I know he has a property in Spain that he is trying to sell but I do not know if he has a property to sell in the UK.

    Could someone please tell me if can he stop paying CSA because my mum would find it a real struggle as she is a single parent on income support.

    Thank you

    Cozzy
    Tags: None

  • #2
    Re: Can my dad stop paying CSA payments?

    Originally posted by cozzy View Post
    Hello

    I am 16 years old and I am about to leave school and go to college full time. My dad lives with his new family and he has decided that they are going to move to Canada. My dad says he is moving to Canada, after retiring from the Royal navy, and cannot afford to pay any CSA payments to me. I know he has a property in Spain that he is trying to sell but I do not know if he has a property to sell in the UK.

    Could someone please tell me if can he stop paying CSA because my mum would find it a real struggle as she is a single parent on income support.

    Thank you

    Cozzy
    As you are 16 years of age then I will try not to be too harsh. If he cannot afford the CSA payments then he should speak with them so that they can lower the payments. My understanding is that his obligation to pay maintenance to your mother lasts up until your are 18 years of age due to the fact that you are remaining in full time education(having had a quick look it's under 20 and in full time education but not higher than A Level of equivalent).

    You may wish to pass this onto your mum or dad: https://www.gov.uk/child-maintenance...need-to-report

    If his circumstances have changed either through lower wages, change in family circumstances etc etc then he might be eligible to have the amount reviewed and lowered.

    Separate to that is that IF CSA payments goes down for your mother then she may be eligible for higher benefits if she claims them providing she makes the various agencies aware of the change in financial circumstances.

    Hope that helps.
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

    Comment


    • #3
      Re: Can my dad stop paying CSA payments?

      If the CSA were to be tipped off about your dads intentions, then they do have the power to seize his assets i believe. Though this is not an area of law that i am familiar with, so others here will be able to tell you more of what the CSA can or could do.
      Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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      Comment


      • #4
        Re: Can my dad stop paying CSA payments?

        Hiya...CSA is quite a complex and involved area to try and advise on. Your Mums best bet is to go to a Citizens Advice Bureau or try and get a free half hour with a solicitor who can advise her of her best course of action.
        Good Luck x

        Comment


        • #5
          Re: Can my dad stop paying CSA payments?

          Originally posted by teaboy2 View Post
          If the CSA were to be tipped off about your dads intentions, then they do have the power to seize his assets
          And twist them? :rofl:

          Comment


          • #6
            Re: Can my dad stop paying CSA payments?

            Originally posted by cozzy View Post
            I am 16 years old and I am about to leave school and go to college full time. My dad lives with his new family and he has decided that they are going to move to Canada. My dad says he is moving to Canada, after retiring from the Royal navy, and cannot afford to pay any CSA payments to me.

            Could someone please tell me if can he stop paying CSA because my mum would find it a real struggle as she is a single parent on income support.
            What a pity your Dad felt the need to tell you all this because it shouldn't be something you have to worry about. Perhaps he didn't know how to tell your mother and was hoping you would do his dirty work for him. It's heart warming to see you care so much about your Mum :hug:


            I'm not an expert on benefits but normally Income Support is reduced by any other income or (some) benefits received, so maybe the amount paid by the CSA is already being deducted from her benefits. If she gets less from the CSA it's possible that her IS may increase to cover the shortfall. She can put her mind at reast by checking this out before going into battle with your Dad.

            It's not for your Dad to decide whether or not he can afford CSA payments it's up to the CSA. The problem I see is there could be a difficulty in enforcing payments due if he's living in Canada.

            Comment


            • #7
              Re: Can my dad stop paying CSA payments?

              Hello Cozzy
              I’m so sorry you’re having such a worrying time.
              16 is an odd age isn’t it? Legally you can leave school, work full time, have sex, drink alcohol (but not buy it)including with meals in public places but not in bars, smoke cigarettes (but not buy them), join the army, get married – it goes on.
              Yet you’re not allowed to vote and there are many other paths not yet open to you – in many ways you are still treated as a child.
              Although I sympathise with the above views that it’s a pity your Dad has put this financial worry on your shoulders I also think that he is acknowledging (probably through harsh necessity) that you are entering the world of adult responsibility and the time has come that you do discuss these things as an adult with both parents. It’s extremely poignant that your Dad has a “new family” which he now appears to be putting first and I wish there were a way to ease the pain of this – I bet he does too.
              I think at 16 you may get financial support through benefits and possibly grants or loans in your own right as well as your Mum getting more if the CSA payments stop. A trip to the CAB, as suggested, might be informative (perhaps with your Mum or Dad?) to find the best way forward. You and your Mum might find this link helpful, too (it’s about enforcing CSA requirements when the paying parent lives abroad):
              https://www.gov.uk/child-maintenance-if-one-parent-lives-abroad/reciprocal-enforcement-of-maintenance-orders-remos
              It’s impressive that you have sought advice from this forum (it took me several decades to find it lol) and if you were my child I would be full of pride for many reasons FWIW.

              Comment


              • #8
                Re: Can my dad stop paying CSA payments?

                I would have been completely mortified if my ex had approached our child at 16 years old on anything financial,,and I would have kicked his sorry backside all the way to Canada for daring to do so.
                Please ask your Mum to go to CAB and to speak to a Benefits Advisor,,you really shouldn't be dealing with this at your age.

                Comment


                • #9
                  Re: Can my dad stop paying CSA payments?

                  Originally posted by MissFM View Post
                  Although I sympathise with the above views that it’s a pity your Dad has put this financial worry on your shoulders I also think that he is acknowledging (probably through harsh necessity) that you are entering the world of adult responsibility and the time has come that you do discuss these things as an adult with both parents. It’s extremely poignant that your Dad has a “new family” which he now appears to be putting first and I wish there were a way to ease the pain of this – I bet he does too.
                  I'm sorry but I really don't agree. If Dad has some harsh necessities that he needs to discuss, then he should firstly be discussing these with his former wife and the CSA. I do not think it at all appropriate that he is discussing them with his 16 year old son (or daughter), and placing the burden on them. A sixteen year old may be entering adulthood - they are a very long way off being one. Legal rights to not make adults, and a responsible parent would never burden their own child with such responsibilities. He is not terating the OP like an adult - he is being a craven coward and refusing to deal with the people that he should be dealing with.

                  And I am "really sorry" (as in, not sorry at all) that he cannot afford his responsibilities to the child that he fathered and needs to look after his new family, whilst selling up his assets and moving abroad on his nay pension (and I know what navy pensions are worth). I would say that the OP is doing a magnificent job of growing up into a responsible adult, and it's a real shame his father hasn't done the same.

                  Comment


                  • #10
                    Re: Can my dad stop paying CSA payments?

                    I don't disagree with you at all - but very many people of this age and younger are having to deal with messes made by their parents and it's not the parents that are coming here for help (not in this instance anyway), it's the child - so it's trying to find useful routes to follow in the worst case scenario (by which I mean a teenager, like the OP, in a position of worry and responsibility - even though we all might find that unjust). I personally have huge admiration for the OP in taking this step as it can't be easy.

                    Comment


                    • #11
                      Re: Can my dad stop paying CSA payments?

                      Hello,

                      CSA runs along the same eligibility criteria as child benefit so maintenance should be paid until the child is 19 or when they leave full time non advance education.Up to A level grade education or equivilant.


                      I hope this information is helpful for you.

                      Thanks...

                      Comment

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