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Hello,
When my ex and I split up we had an arrangement in place that I would pay 20% of my wage and also help with extra activities. I did this but then she got greedy and I received a lawyers letter saying I wasn't paying what I should be (all because I had done some overtime to try and help with my rent and bills). I then went to the CSA despite my ex begging me not to. They obviously worked out the amount I had to pay which was quite a bit less than I was paying. I am now receiving lawyers letters saying that I owe money for other activities. I assumed that when the CSA worked out what you paid this would take away any previous arrangement that was in place. I have not been consulted by my ex about how much I can afford to pay but she is demanding money for beavers, swimming, nursery snack money, etc etc. I don't want my kids to go without but I would love to still have money left over so I can take them somewhere or buy them stuff. Is this money I still have to pay or are the CSA payments the only arrangement that I have in place now. I can't afford to go through my lawyer now so am looking for help and advise.
Thanks for your help people.
Hi there 🙂
I think if your first arrangement was agreed in court then it would stand for 12months, but a CSA agreement made after that time would supercede it. I not an expert though so it might be worth checking with someone like Child Maintenance Options or the Citizens Advice Bureau who would be able to advise you more fully.
Theres an informative CSA leaflet that can be accessed via a link that you'll find in a sticky at the top of the Child Maintenance section here. The sticky is called "How does the CSA calculate payments" and its worth having a look at.
The amount the CSA has calculated you must pay is all that you have to pay, and any expenses such as nursery and clubs are your ex's responsibility. Perhaps she should stop spending her spare cash on solicitors letters and use it to fund all the extra activities for the children!
Perhaps if you were inclined you could offer her an amount that you could afford, a contribution as a gesture of goodwill.
Thanks for your reply. The original agreement was just through the separation agreement. Thankfully it didn't have to go through court.
The boys stay with me 2 nights a week and I also buy them food and clothes which she uses for them. And we've been apart since Feb 2011 which was when the separation agreement would have been made up.
...It sounds as if you're good to go with the CSA agreement then!
You should make sure that the appropriate reduction has been made by the CSA because the children stay overnight a couple of nights a week. I just hope thart she doesnt stop the overnight stays to increase the amount of CSA she receives...this is more common than you might think unfortunately.
Best of luck 🙂
I don't think she would do that as she needs me and my family to help while she is at work. And yes, the CSA are aware I have them overnight. I probably do get them more than they are aware but I don't want to rock the boat. Thanks for your advise.
And if mothers really do that just to get more money then that's shocking. It's so unfair when children are used as tools and weapons like that.
Hi joshjnr.
Thank you for your post. My name is William. I am the Child Maintenance Options consultant.
You do not say what type of child maintenance arrangement you had when you first separated. If it was set up via a Consent Order and it was after March 2003, as long as it had been in place for over 12 months an application to the Child Support Agency (CSA) will mean that the Consent Order is no longer valid.
In answer to your question, once the CSA have calculated the amount of child maintenance you have to pay, they will only expect you to pay that amount. Any extras that you pay, for instance swimming or other activities, would be purely a voluntary contribution.
For confirmation of the above you may wish to speak to the CSA directly. Their contact details can be found on any letter they have sent you, or this website http://www.gov.uk/child-support-agency provides their contact details.
It was set up as part of the separation agreement. I stay in Scotland so don't know if that is different. I contacted the CSA and they said that all I have to pay is what they told me to pay and anything on top of that would just be a voluntary payment. Thanks for your help.
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