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Hi
I have a 50/50 court order for my youngest daughter.
My son lives with me visiting mum wed and alternate weekends. Two eldest daughters lived with me.eldest now at uni. Second eldest just finished a levels .
I earn 22 k my ex earns slightly less .
When I made a CSA claim for her to help support the older three, she made a counter claim for my youngest daughter. The long and short of it is I pay back all but £15 in CSA payments for my youngest.
Since my eldest went to uni I've had 2 children living with me full time and one half time and I've had to pay back all but £15 a month.
I now face the reality that in september I will have care of one child full time,one 50% of the time and I'll have to pay out more than I recieve.
NOW with the new CMS calculations I do not belief I have to pay maintenance for my daughter who lives with me 50% of the time by court order.
SO MY QUESTION IS? If I stop the payments to the CSA will the CSA deduct the money from my earnings or will the new claim move to the new rules of the CMS? New rules mean I do not have to pay.
I ask this as it looks like it will take years for my case to be moved over to the new rules and I struggle financially to pay mortgage support kids etc and it is clearly an injustice that any parent with 50/50 care should have to give money to an ex.
Thanks
I would speak to the CSA - it basically depends on who gets the child benefits - can you clarify that? That determines who pays maintenance to who. Under the old rules, there is a deduction for the number of nights.
Hi,
If you do stop making payments to the CSA, under any statutory scheme of maintenance, they will take appropriate steps to secure any arrears owing, including bailiff and court action where required.
This also doesn’t mean that if you stop payments, your case will be automatically transferred onto the Child Maintenance Scheme.
The CSA has now started the process of writing to clients about ending their existing child maintenance arrangement under the older schemes and is offering parents information on how to continue supporting their children when their current case comes to an end.
One of these options is to make an application to the new 2012 scheme of statutory maintenance.
All CSA cases will eventually close, but some cases may move earlier than planned in some circumstances. If you are making payments, you must continue to do so until the CSA asks you to stop. While cases are closing the CSA will continue to collect payments, take action when payments are missed, and take enforcement action where necessary.
When your case does move over to the Child Maintenance Service they will calculate how much you will need to pay based on your circumstances and you can discuss your case with them.
If you have any further queries relating to your case, you may wish to contact the CSA directly. You can find their contact details on any letters that you may have, or by visiting Gov.uk at: https://www.gov.uk/child-maintenance/contact .
For more information on alternative ways to arrange child maintenance, or to use the on-line calculator, please visit the Child Maintenance Options website at http://www.cmoptions.org .
Alternatively, you can call free on 0800 988 0988 between 8am and 8pm Monday to Friday or 9am and 4pm on a Saturday.
Hope this helps.
Thanks
William
Chid Maintenance Options Consultant
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