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Unemployed maintenance
#1
Hello,
I am not working and claiming Job Seekers Allowance, please could anyone advise how much maintenance I should now pay to my ex with 3 children involved, my ex does work and has a very good take home pay.

Thanks
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#2
(02-04-2017, 10:59 AM)NewHill123 Wrote: Hello,
I am not working and claiming Job Seekers Allowance, please could anyone advise how much maintenance I should now pay to my ex with 3 children involved, my ex does work and has a very good take home pay.

Thanks

I am sure I have responded to this on your other threads.

What the Resident Parent earns has no legal bearing on your Child Support. Assumptions are made they have what the law says they need to live off, considering there current household size/income.

Your Child Support payment is in addition to this (not counted for any benefits your ex might get), and is a contribution towards her normal day to day costs, considering
a, your income
b, if you have any dependent children (or if a new partner does)
c, how much staying contact you have, as you have to pay the costs of having the child then while the resident parent will still get the same weekly benefit payments.

If staying contact exceeds 52 nights per year, you do not have to pay anything.
If it does not exceed 52 nights per year, then its £7 per week.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
Making someone on JSA (£73.10) pay £7 is ridiculous.

This hasn't been changed for 18 years and belongs in the past.

£7 doesn't give the RP any meaningful amount and if they are in benefits themselves they get to keep it on top.... crazy!

There HAS to be a level of income at where the NRP cannot be expected to pay.

If they don't fulfill JSA requirements they may well get sanctioned and arrears will build up.

I wonder how the 3rd child rule will affect paying parents from 1 April 2017?
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#4
(02-04-2017, 04:33 PM)Hazy Wrote: Making someone on JSA (£73.10) pay £7 is ridiculous.

This hasn't been changed for 18 years and belongs in the past.

£7 doesn't give the RP any meaningful amount and if they are in benefits themselves they get to keep it on top.... crazy!

There HAS to be a level of income at where the NRP cannot be expected to pay.

If they don't fulfill JSA requirements they may well get sanctioned and arrears will build up.

I wonder how the 3rd child rule will affect paying parents from 1 April 2017?

As well as CMS making someone pay £7, if you owe the DWP (Crisis or Budgeting Loans or overpayment of benefit) they can take £7, Housing Benefit can take £7 if you owe them due to a past overpayment and Council Tax can also take £3.50.

This is only where less than 52 nights per year staying contact is in place. Nothing is payable if you have 53 or more nights while on JSA, or some other benefits.

JSA being sanctioned has no legal bearing on Child Support by CMS. CMS can obtain a County Court Judgement, and then use a Bailiff (to remove assets for sale at public auction) or do an attachment of benefits to enforce payment.

The 3rd Child rule only covers what the state will pay in benefits, not what Child Support is payable. The CMS system has a rate for 1, 2 and 3 or more, so if there is 4 children, you would only pay the amount for 3.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#5
I know that the 3rd child rule won't affect payments NOW but will it in the future? Neither you or I know for sure.

I think you will find that a sanction on a JSA claimant will not stop the requirement that £7 should still have paid just like he would have electricity arrears from non payment for example ( obviously if there's no contact) so when JSA payment is reinstated there is a requirement to repay these arrears else the CMS can use the means you mentioned So I was not wrong in what I said.

Or. During a sanction is there no requirement to pay child maintenance?

Regardless. I still think it's ridiculous to make them pay &7 from such a low income especially if it is being paid to someone also on benefits. It seems this is paid out of principle or as a punishment in these cases. A housing association could go bust if no one paid any arrears but a single parent on benefits actually loses none of her benefits from not receiving £7 maintenance .

You are free to disagree lol
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#6
(02-04-2017, 06:21 PM)Hazy Wrote: I know that the 3rd child rule won't affect payments NOW but will it in the future?  Neither you or I know for sure.

I think you will find that a sanction on a JSA claimant will not stop the requirement that £7 should still have paid  just like he would have electricity arrears from non payment for example  ( obviously if there's no contact) so when JSA payment is reinstated there is a requirement to repay these arrears else the CMS can use the means you mentioned   So I was not wrong in what I said.

Or. During a sanction is there no requirement to pay child maintenance?

Regardless. I still think it's ridiculous to make them pay &7 from such a low income especially if it is being paid to someone also on benefits.  It seems this is paid out of principle or as a punishment in these cases.   A housing association could go bust if no one paid any arrears but a single parent on benefits actually loses none of her benefits from not receiving £7 maintenance .

You are free to disagree lol

I have read the legalisation coming in regarding 3rd child several months back. It is relevant to my own case, as while I have 2 children, there is 1 more my ex has, and 2 on the way (nothing to do with me).

The requirement to pay this £7 per week is not in any way related to JSA payments, or making someone build up arrears. The way the law is, once you default, CMS can enforce payment as per my last post.

If there is a lawful reason why JSA was stopped (for example the person not keeping to the terms of getting it), then that will not stop any enforcement action, what might include bailiffs and sale of any assets you own.

The welfare benefit reforms protected Resident Parents, to ensure they always have what the law says coming in each week.
Under the old systems, there was the same amount of child support to be paid, but it reduced either their Income Support, or Housing Benefit. When the none resident parent did not pay, it took 5 or 6 weeks, to get their benefit amended, and as a result, children did not have what the law said they needed.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#7
Whilst the 3rd child rule is a way of trying to get the benefits bill under control it is very harsh. Maybe it will get scrapped.
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#8
Many thanks for your replies it has been much help, but can someone just clarify is the £7 a week for easy child or for all 3 children? How does this vary from say 1 child?
so a monthly maintenance would be 4.3333 x £7 = £30.33per month?

Also someone says I must be in receipt of JSA, or I could be done in the future for arrears, what does this mean?

Apologies for all these additional questions

Thanks

J
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#9
It's for all children (not £7 for each child) but if you have them overnight sometimes you don't have to pay anything.

Regarding arrears, they only build up if you miss payments (if you have to pay) . If you don't have to pay anything obviously no arrears will build up.

If you get a job be sure to let CMS know so that new calculations can be made.

https://www.gov.uk/calculate-your-child-maintenance/y
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#10
(02-05-2017, 11:23 AM)NewHill123 Wrote: Many thanks for your replies it has been much help, but can someone just clarify is the £7 a week for easy child or for all 3 children? How does this vary from say 1 child?
so a monthly maintenance would be 4.3333 x £7 = £30.33per month?

Also someone says I must be in receipt of JSA, or I could be done in the future for arrears, what does this mean?

Apologies for all these additional questions

Thanks

J

Where no staying contact is in place, its £7 regardless of how many children when your on JSA.

As far as CMS are concerned, you have to have an income you can prove.

In your case, it would normally go off your last year P60 or Self Assessment Gross Profit for the last tax year.
However, where there is a change of 25% either up or down, recalculation takes place from that date.
When you go on a qualifying benefit (what JSA is), it also applies from the date its awarded.

One member was asking about if JSA was stopped, and was talking about arrears building up. The point I made was that JSA stopped has no bearing on the payment not being made, either it happens or CMS can get Judgement what can result in Bailiff taking assets for sale at public auction, or if the person has any income, an attachment can be made it its wages or some forms of state benefit.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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