How Do I Ensure CSA Money is Spent on My Child?

Q.

I am still paying my ex 15% of my income per month when she earns more than me. I look after my child overnight 2 to 3 nights per week and feel my ex nevers spends a penny on our child's upkeep. Our child is walking around with holes in shoes and 2nd hand clothing despite me handing over £300 per month.

She seems to be swanning about in designer clothes, shoes, handbags etc & leaving my child with very sketchy (to say the least) childcare (with minors e.g 17 yr olds & so call friends) while she goes off on weekends away with her new boyfriend and trips abroad.

She hardly ever seems to stay at home with our child but if I try to say anything to her about her behaviour she just laughs and says CSA allow her to get away with it. Surely this can't be right? What can be done about mothers abusing the system and using children as meal tickets? I am very worried about my child and would be interested to know if there are any positive steps I can take to improve this situation?

A.

When the parents of a child split up, both sides are still responsible for the upbringing of the child until they are 16 or leave full time education. The role of the Child Support Agency (CSA) is to make sure that the non-resident parent contributes financially. Non-resident fathers are required to pay a percentage of their salary to the mother of their child to pay for their day-to-day expenses.

The fact that your wife earns more than you doesn’t make any difference as you are still responsible to pay a percentage of your own wages in child support. However, the CSA does take into account the amount of time that your child spends regularly with each parent. If this has increased or your circumstances have changed, then it is a good idea to get in touch and have your contributions re-assessed.

As for your ex spending your money on herself, this is less easy to address. The CSA system is in place for good reason but unfortunately, as many fathers have found out, it doesn’t come without its problems. Once the money is handed over, there are no rules or regulations in place about how it is spent. Generally, mothers will spend it sensibly towards the needs of their children but there will always be a few less responsible ones who use it for their own needs.

As the resident parent, your ex gets to choose how she spends the money and is in charge of making decisions about the everyday upbringing of your child. As difficult as it is to see your money wasted, there is not much you can do about it legally.

If, however, you have real concerns about the treatment of your child then this is something that you should raise. Unfortunately, there is nothing to say that she cannot leave your child with babysitters under 17 or friends, as long as they are not endangering them.

It may be a good idea for you and your ex to consider mediation so you can raise your concerns and try to work together more efficiently. However, if she will not agree, and will not listen to your concerns, then you should contact your lawyer or social services to protect your child’s welfare.

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