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Hi all,
Me and the ex have come to an arrangement (via mediation) where my child stays with me 181 nights per year, and with her 184 nights per year.
Am I liable to pay CSA under this arrangement? my ex says I am, but I'm struggling to see why that would be the case if she only has the child in her care 3 nights per year more than I do?
Also, what would happen if she was unable to have the child overnight (due to work commitments etc) a few times per year (which is likely) and I stepped in and the child stayed with me those nights, in effect 'tipping the balance' in my favour so that I'd actually had the child more nights per year than she had?
Would she be liable to 'pay me back' that year's maintenance?
Thanks
Hi
If you are under CSA, then she is correct and you do have to pay her the CSA calculation, which with have a 3/7ths reduction due to the time you have with your child. The chances of the CSA accepting that you have your child for more than 183 days is slim as your ex is almost certainly going to argue the point and I'm afraid that the CSA seem to accept the mother's word, plus I assume that she is getting child benefit, which basically guides the CSA as to who is the resident parent.
If you are under CMS, then a true 50/50 split of care does mean that neither of you pay each other, but your agreement isn't a true split, so you'd still be liable to pay.
Hello Markthomas1
With you having a family-based arrangement in place this may be something you can discuss and negotiate with your ex-partner. Family-based arrangements are not legally enforceable and there are no strict rules or formulas to follow when calculating child maintenance. Therefore, parents can decide the terms of their agreement to suit their current circumstances.
The Child Maintenance Options website has a useful tools and guides section that you and your ex-partner may find helpful when trying to negotiate your family-based arrangement. This can be found at http://www.cmoptions.org.
If you and your ex-partner cannot come to an agreement regarding maintenance payments, I have included a link that you both may find useful. It provides information on how the Child Maintenance Service calculates child maintenance, https://www.gov.uk/how-child-maintenance-is-worked-out/how-the-child-maintenance-service-works-out-child-maintenance.
For more information on the different ways to set up child maintenance, you can visit the Child Maintenance Options website.
The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.dad.info/divorce-and-separation/sorting-out-separation.
Regards
William