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Hi everyone. As part of the divorce arrangements over ten years ago, I agreed to pay 20% of my net income per month based on CSA guidelines for 2 children and show my P60 at the end of each financial year.
I have done this diligently, and where there's a slight discrepancy have topped up where required. I also regularly see the children at the weekend, take them on holidays, pay for mobile phone bills, school uniforms, sons football membership,etc, and think its just my duty as a Dad to help out where needed.
A few years ago, I was working for a small firm that didn't have a pension scheme, and I placed £100 a month in a separate pension plan. I phoned the CSA and I found out that this could be deducted from my net income too, as this was pension.
I know things have changed a bit now, but more recently I ended up working in London to afford a mortgage for my own house, and the travel expenses to get into London are around £300 a month, which is making it very hard to maintain the 20% net income as whilst my Salary has increased, some of this increase is to allow for London weighting and travel expenses. Would it be fair to argue this? Who should I speak to about this? Don't get me wrong, I try my best to be there for the kids, attend seperately on parents evenings because the ex doesn't want to talk or sit next to me, and I don't normally query this, but I simply can't afford to pay as much this year. I've already got two credit cards of around £3000 to pay off and an £1800 overdraft.
(My ex is a stickler for rules and regulations and will try and claim as much as she can so she doesnt have to work much. I had a right text bashing from her when I told her she could not claim my contributions to personal pension. She even tried to claim for my out-of-pocket business expenses, which thankfully CSA also confirmed she had no right to claim.)
Any helpful information much appreciated.
Rafty
Hi there
As your arrangement is over 12 months old it's possible to have it overridden by opening a case with the CMS. (Old name for CSA)
Here's a link to the CMS calculator, I believe the calculation they would use for two children is 16% of gross income, making reductions if you pay into a pension or if your children stay with you overnight.
www.gov.uk/calculate-your-child-maintenance
Either parent can open a case with the CMS, they would charge a one off admin payment of £20 to initiate the claim.
Under CMS rules once the amount is worked out you aren't liable for any further payments for clothes, uniforms, mobiles etc. although it's up to you if you want to keep paying for these extras.
Use the calculator to see what amount you might be expected to pay and if it is less you would be in a good position to re negotiate with her, if she won't budge then there's nothing to stop you opening a case which will override the existing arrangement.
Here's a link to the CMS guidelines which you may find helpful
Best of luck
Many thanks for this.
I have ran the CMS calculator and it does show a decrease in what I am paying at present.
Effectively I have already paid too much, irrespective of considering train fare deductions for travel to work.
However, I am happy to leave at his if she accepts. If she doesnt I will apply for CMS ruling, but there will be an admin charge of £20 I believe, which I think she should pay if she wishes to pursue (!)
Again, many thanks for the advice. Its nice to know there's people out there to talk too. 🙂
Knowing how much you should be paying if you went through the CMS is a good starting point to negotiate an amount of maintenance that's fair to you both. Also the fact that you pay a lot of extras that you wouldn't be required to do if you paid through the CMS should also help you to argue your point.
Best of luck
I can't really add anything to what Mojo has said other than your train fare to work would not be considered as a deduction. If you incur travel costs to see your children you can ask about a variation for that as it may lower your payments.
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