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Hi, I'm new to the forum, so firstly hello!
I'm wondering if anyone can offer me some advice. I have two children and have been separated for 5 years from their mother (divorce came through recently). Up until last August my kids spent every weekend with me and half the holidays. I paid maintenance on an adhoc basis on what I could afford (I was self employed). Their mother met another man and in August last year moved to Hertfordshire with them. I live in Bristol. So, now a 6 hour round trip to see them. It means that I see them less than I would like now. Unfortunately I lost my business and took employment only to be made redundant last month without pay so that I'm unable to pay maintenance. My ex is now going to the CSA. I'm close to securing a new job with a salary. Looking at the CSA calculator, it looks like they'll take £400+ a month from me, yet it costs me £200 each time I go to collect my children for the weekend. I don't have a car and I have to hire one, and then there's the petrol (public transport works out more expensive and unpractical due to having to get there and turn around straight away + not fair on kids as adds hours on to an already long trip). The reality is that if the CSA take this amount, I will not be able to afford to see my children. I've explained this to my ex but she refuses to back down and accept an offer of £300. Is there anything I can do? Can I get the CSA to take into account my costs of travelling to see my children? Can I make her do one of the journeys? Does anyone have any experience of this at all? Thanks so much for any advice, similar experiences that any forum members may have.
Unless a court orders it, she won't have to do half the journeys - and it's rare for a court to do that. The CSA do take account of travelling to keep contact with your kids - I'm not sure of the new CMS rules - the CSA rules say that anything over £15 per week, you are allowed to deduct from your takehome pay before they do the calculation. In reality that means that they would reduce your maintenance by 20% of the travel costs over £15 per week (and if you only see them every month, then it's still £15 per week, or about £65 per month). I assume (but I may be wrong) that the CMS will use 16% of gross pay, and allow 16% of travel costs against this.
You would need to argue that you need to hire a car and pay petrol rather than use the train (impracticality and/or cost) and hope they accept that.
Hi, That's a great help. Thank you so much. Really I want to see them two weekends a month it's just I've not been able to afford to since their mother moved. So it's a great help to know that the CSA will take into account travel costs. Thanks again, really useful.
I'd check with them anyway on the new rules, but let them know you want to make a variation for this. I would also start putting money aside for the maintenance, as they will start to accrue as soon as she has opened a case - I wouldn't pay anything directly to her at the moment, unless it is very clearly marked as child maintenance through a bank transfer.
Thank you. I'm just reading the new CMS guidelines. Whilst no figures are mentioned, they do say they take into account travelling expenses so that's helpful and comforting to know. Thanks again. Appreciate the help and advice.
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