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Hi,
Received the dreaded letter from the glorious CSA the other day. True to form the ex has jumped down my throat immediately and wants to do either a collect and pay (as knows it means I get charges extra 20%) or via a consent order, which I see as pointless.
To put into context.
I have 2 boys, 10 and 6 years old.
Court order in place for one night midweek, alternate 3 night weekend and 50/50 split of all school holidays.
I also have a court order in place for my eldest to attend football (he is rather good and at academy level) on her weekends and once mid week. She never has, and never will support him with his football since it's related in some way to me, short sighted but the courts see through her anger and ruled in my favour. All of this though, culminates in hundreds of additional miles per week / fuel cost for me.
I have paid government dictated CSA religiously since splitting and never faltered on payment.
So my questions:-
Can the ex force me down the collect and pay route rather than my preffferd option of direct pay once CMS work out amounts? Surely my history of always paying should be taken into account?
Can I apply for a variation given the miles and cost associated to facilitating my lads football?
Thanks
MW
It's my understanding that if you agree to pay, there will be no 20% charge.
You can ask the CMS about varying for costs but it probably won't make much difference.
Thanks for the reply and comment Yoda.
So even if she pushes for collect and pay, the fact would remain that as a solid payer in the past, CMS would lean towards direct pay? All I need to do is follow process for direct pay and all should be sweet?
In terms of fuel reimbursement I think I shall ask the question since it does prove quite costly at the end of the month/ year. Also my school run is a 40 mile round trip made sometimes 3 times a week.......
Thoughts ?
Hi unless you have a bad record for not paying then you should be able to do direct pay
As for travel expenses good luck we spend between £70/100
A month traveling to see my daughter so asked for a reduction
After filling in forms and sending receipts of petrol cost
We have just had a letter come to say there will be a reduction
As from this month of £8 a month to me it's a bit of a joke
Hi, I recently spoke to the CMS as at present my case is with the CSA and I was worried about the 20% extra as my ex forced me down the deduction to earnings route following a period of unemployment for me.
The CMS will not enforce a collect and pay agreement where you have no history of not paying. If she refuses to give you her bank details they aske her to provide them and can enforce her to accept this. If she refuses, there is an arrangement that can take place with banks to give an alias account number that can be provided to you to make payment.
If you have always paid then the RP cannot insist on collect & pay...CMS prefer a direct pay agreement so regardless how the RP feels about it, you will be given the opportunity to pay directly. Ensure CMS are aware of the shared care in place your court order may be requested as proof....you can apply for a variation for travel costs but I don't think it will have a major impact on your liability.
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