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I am currently paying my ex £100 per month directly into her account from my bank account. She is also keeping clothes that I send my daughter back in. My daughter has needed some shoes for six months but her mum has failed to take her for some, and uses the ones I send her back in. I am out of pocket for socks and other lost clothes etc.
I have stopped her money this month to replace these items. She is threatening to go to the CSA. Using their calculator she would receive £120 per month from me. I cannot afford to live paying her £100.
Is their any help I can get?
Should I just continue to pay her the £100?
Can I pay in receipts for example spend the money on my daughter on clothes and shoes etc?
Unfortunately the parent receiving maintenance can spend the money however they wish and you would be penalised for reducing the agreed amount to cover anything you buy...the CSA would consider that it's down to you if you choose to spend extra.
If the amount you are paying is less than the required amount I think it's a matter of biting the bullet here. My advice would be to continue with the £100 payment and any clothes you buy keep at your house, when its time for her to go back change her back into the clothes/shoes she arrived to you in. That what many have to do I'm afraid.
Thank you
I forgot to mention that you would be wise to make sure you reference any bank transfers as child maintenance with your daughters name. This is in case she tells the CSA she hasn't received any....bank transfers from you to her that don't reference what the money transferred is for will not be taken into account by the CSA.
Actually, just thought of something else that might be adviseable - as well as putting your child's name and maintenance on the bank transfer, you could also write to the CSA to tell them you are doing this - that way it's on their records, especially if you send it recorded and keep the receipt.
Not something we've suggested before, but occurs to me that it adds an extra security against the CSA bully tactics.
Hi Carl
Thank you for your post. I am William the Child Maintenance Options consultant. I will provide some information that may help answer your query.
Child maintenance is a contribution towards the cost of bringing up a child and this includes not only such items as food and clothing but also it is a contribution towards the home that the child lives in and the associated costs of running that home.
If you and your ex-partner have a family-based arrangement in place, there are no strict rules to stick to. Therefore, both of you have the freedom to decide the terms of your own arrangement, such as how much child maintenance will be paid.
A family-based arrangement does not always need to be about money, although many parents do include regular financial contributions. Your arrangement can include money and other kinds of support, such as you directly paying for things that your daughter may need. Although family-based arrangements are not legally-binding, many parents prefer them because of their flexibility and how easy the arrangement can be reviewed, such as if you or your ex-partner’s circumstances change. You can find more information on family-based arrangements on our website at http://www.cmoptions.org/en/family/index.asp.
We have a range of tools and guides on our website that may help keep your family-based arrangement amicable ( http://www.cmoptions.org/en/toolbox/index.asp). These include our discussion guide which you can use to help prioritise the issues that you wish to resolve with your ex-partner and help you plan conversations around child maintenance. We also have a family-based arrangement form that is not a legally-binding document but if used to write down what both of you have agreed, it can help to formalise your arrangement.
To help you and your ex-partner discuss the issues that you have raised, you may find our page on talking about child maintenance useful ( http://www.cmoptions.org/en/family/talking.asp).
If an application is made to the Child Maintenance Service or if you wanted to use the statutory rules for your arrangement, as the paying parent, you are legally required to pay what the Child Maintenance Service calculate. It would be your decision if you wished to make additional contributions on top of your child maintenance. Child maintenance is also paid by the paying parent to the parent that is in receipt of the Child Benefit. You can find more information on the statutory rules on Gov.uk at https://www.gov.uk/child-maintenance.
For more information on the ways to set up child maintenance, please visit our website at http://www.cmoptions.org. Alternatively, you can call us free on 0800 988 0988 between 8am and 8pm Monday to Friday or 9am and 4pm on a Saturday. We 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
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