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Can the CSA be chal...
 
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[Solved] Can the CSA be challenged ?


Posts: 1
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Topic starter
(@tallguy76)
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Joined: 12 years ago

Is it possible to challenge the amounts that the CSA requests that you should pay ?

My ex-wife has moved my two daughters back up north to where she grew up in Lancashire, which would take me at least 5 hours each way if I was to see them - the cost of which is out of my reach. Previously they had been living an hour and a half away which meant that we were able to see them every other weekend.

She has also moved in with her new partner (her second since she left me) and if the salary that she was earning when we separated is anything to go by, with two incomes in her house it is likely that there is at least £100,000 income between the two of them.

In my house I am the only earner, and therefore I am providing everything that we need to survive. The job that I have requires a 100 mile a day commute, but due to my step-daughter having started her GCSEs and my son having just started primary school it would be impractical to move closer to work. This does however mean that I am paying approximately £400 per month in fuel on top of all the other household bills, rent etc.

As much as I would like to contribute for my daughter's upkeep, I don't feel that I should be made to pay for the privilege of never seeing them when their mother can afford to get by without any additional assistance.

Is there any possibility of challenging the CSA on the grounds that it is unaffordable - I would be better off quitting my job and getting a much lower paid job closer to home ?

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1 Reply
 actd
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(@dadmod4)
Joined: 15 years ago

Illustrious Member
Posts: 11890

Hi

The CSA take no account at all of the income of the parent with care (or new partner if there is one), it is solely on the basis of the non resident parent I'm afraid. I assume that your ex isn't prepared to agree to a family based arrangement and split fuel costs etc. Otherwise all you can do is to go for a variation on the basis of costs of keeping contact with your daughters - basically, you are expected to pay the first 15 of travel expenses each week, and anything above this can be deducted from your takehome pay figure to arrive at a the figure the maintenance is based on. Assuming you have 100 per week in petrol expenses to maintain contact, after the 15 deduction, that means you'd be able to reduce your maintenance by 20% of the 85 remainder, or about 17 per week. You'd need to speak to the CSA to get the form to apply for the variation, and you'd need to give evidence of a typical weekly travel cost. If you haven't already done so, you can also reduce the maintenance payments by 20% because you have 2 dependant children living with you.

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