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[Solved] CSA

 
(@paulmatthewfox)
New Member Registered

hi im new , just wondering if anybody coukd help , my ex wife has threatened the CSA after 3 years , ive paid according to the csa calculator and never missed a payment i do all the travelling as she lives 38 miles away (one way ) the question is

1. do i get discount for a 76 mile trip to pick her up and drop her off ? then again on a sunday eve .

2. i live with my girlfriend with a child ?

3. i provide for her at my house ie , clothes , holidays, etc etc
and her annual salary is greater than mine by approx 10-12k .

thanks

Quote
Topic starter Posted : 14/01/2016 11:42 pm
(@TashasHideousLaugh)
Reputable Member Registered

Hi there

1. Yes, the CMS will take account of "contact costs" via what is called a "variation". But due to the nature of the calculation - the actual reduction in maintenance can be quite small. I posted an example recently, which I will find. [Edit: I should clarify, for the CMS to take these costs into account, the costs do have to meet certain requirements such as be over £10 a week, on average. Also, the CMS may still refuse your variation, if they think you are inflating the costs, or if they think you may have incurred the costs deliberately, etc. So you must *apply* for a variation, which could be refused - but as long as it is legit, and meets the criteria, it should be allowed, and if not you can appeal].

2. Do you get a discount for living with your girlfriend and her child?...Yes, in certain circumstances. This would be covered under the provision for "relevant other children". To qualify, you or your current partner must qualify to get child benefit for them. More detail is available here:
https://www.citizensadvice.org.uk/relationships/children-and-young-people/child-maintenance/child-maintenance-2012-scheme/child-maintenance-calculation/the-2012-child-maintenance-scheme-calculating-maintenance-the-number-of-children-in-your-family/

Under the current CMS rules, your gross income used for calculation of maintenance will be reduced for 1,2 and 3 or more children by 11%, 14% and 16% respectively.

3. You Ex's salary is not taken into account when working out your calculation.

Here is an example taking account of fuel costs. The amounts are weekly averages, and the fuel cost below is £25. The below examples do not make any adjustment for overnight stays (shared care).

Say Gross weekly income net of pension is 800
Average weekly contact costs (fuel) = 25.00
Gross income - contact costs = 800-25=775

For one child, with a gross weekly income of 800 or less, the basic rate 12% applies.

So weekly maintenence will be 775*12% = £93 per week (with contact costs variation applied).

Without the contact costs variation the weekly maintenence = 800*12% = £96

So the difference is the grand sum of £3.

Hope this helps.

ReplyQuote
Posted : 14/01/2016 11:53 pm
(@Child Maintenance Consultant)
Noble Member Registered

Hello Paulmatthewfox

You have indicated that you have a family-based arrangement in place for child maintenance. With you having a family-based arrangement in place you may wish to discuss your concerns regarding what is taken into consideration when calculating your maintenance payments with your ex-wife. Although family-based arrangements are not legally enforceable, parents can decide the terms of their agreement to suit their current circumstances, as there are no strict rules or formulas to follow. It can include money and other kinds of support, for example providing school uniforms, toys and clothes.

The Child Maintenance Options website has a useful tools and guides section that you and the other parent may find helpful when trying to negotiate your family-based arrangement. This can be found at http://www.cmoptions.org.

The Child Maintenance Service works out child maintenance using the paying parent's gross income, which is income before Income Tax and National Insurance are taken off, but after occupational or personal pension scheme contributions are taken away. In most cases this gross income figure comes from information given to HM Revenue & Customs (HMRC) by the paying parent, their employer or a third-party such as an accountant.

I have included a link on how the Child Maintenance Service works and how they calculate child maintenance including what they would take into consideration when calculating maintenance payments that you may find useful, https://www.gov.uk/how-child-maintenance-is-worked-out/how-the-child-maintenance-service-works-out-child-maintenance.

For more information on all the different ways to set up child maintenance and for a more personalised service, 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

ReplyQuote
Posted : 15/01/2016 3:07 pm
(@dadmod4)
Illustrious Member

Say Gross weekly income net of pension is 800
Average weekly contact costs (fuel) = 25.00
Gross income - contact costs = 800-25=775

For one child, with a gross weekly income of 800 or less, the basic rate 12% applies.

So weekly maintenence will be 775*12% = £93 per week (with contact costs variation applied).

Without the contact costs variation the weekly maintenence = 800*12% = £96

So the difference is the grand sum of £3.

Hope this helps.

It's worse that this - on an average weekly fuel cost of £25, you are expected to pay the first £15 yourself, so the reduction is only £10 - so the reduction is actually £1.20 on your example. It is a bit of a joke really.

ReplyQuote
Posted : 16/01/2016 10:57 pm
(@TashasHideousLaugh)
Reputable Member Registered

It's worse that this - on an average weekly fuel cost of £25, you are expected to pay the first £15 yourself, so the reduction is only £10 - so the reduction is actually £1.20 on your example. It is a bit of a joke really.

Under the previous scheme (pre 2012/2013), you are correct. You will be glad to hear (! :woohoo: !) that variations have been one of the areas most subject to change in the latest "rebranding" of the CSA/CMS...

As mentioned, you are correct, that under previous rules, a paying parent would first have to meet the threshold (£10 or £15 - depending upon income) and only then, would any amount in excess of this be knocked off the maintenance calculation. Also, either the pre 2012 scheme (or the 93 scheme - from memory I cannot remember) - did not allow shared care AND certain variations to be applied for at the same time - a paying parent would have to decide on one or the other (often a no brainer as shared care (at least 1/7th off) wins hands down, in most cases).

The most recent rules (which all new cases are now opened under) allow for both shared care and contact cost variations - and the variations have now changed to permit the entire cost (including the £10 threshold) to come off the gross income. This makes sense, from the move from using net income to gross income but ...it still amounts to peanuts in both cases (that hasn't changed :p ).

ReplyQuote
Posted : 17/01/2016 3:05 am
(@dadmod4)
Illustrious Member

I stand corrected - I didn't realise this had changed but checked and I agree with you.

ReplyQuote
Posted : 21/01/2016 12:18 am
(@TashasHideousLaugh)
Reputable Member Registered

Hi actd

Its just a minefield...so many sweeping changes - and so often. By the time people get to grips with one scheme - it changes!

I wonder what the next set of changes will bring?!
:side:
THL

ReplyQuote
Posted : 21/01/2016 12:44 am
(@mr-slim)
Famed Member Registered

If you're paying as to the calculator then call her bluff and open a case off your own bat that will pipe her down then apply for the reductions as has been suggested 🙂

ReplyQuote
Posted : 21/01/2016 2:18 am
(@dadmod4)
Illustrious Member

Hi actd

Its just a minefield...so many sweeping changes - and so often. By the time people get to grips with one scheme - it changes!

I wonder what the next set of changes will bring?!
:side:
THL

More misery, no doubt.

ReplyQuote
Posted : 21/01/2016 2:40 am
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