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[Solved] Hi all new on here and could do with some help

 
(@mike1988)
New Member Registered

Hi everyone. My name is mike

I split with the mother of my daughter back in October. Having abit of hard time as I don't earn a lot and have bills. My daughter is only two and Im now leaving back home with my parents as I'm only 25.

CSA want me paying £154. I have to get everything for my daughter when I have her if I have her that is.
Her mother only let's me have my daughter two nights a week.
I've asked for more but she won't let me. She knows the less I have my daughter the more money she gets.
I'm going to be changing jobs very soon and having my daughter will be different days each week and can sometimes mean I can have my daughter more. But she won't let me.

It's got to the point where she's telling more she won't let me see my daughter at all

Quote
Topic starter Posted : 07/02/2014 11:22 pm
(@Huxley)
Reputable Member Registered

You could apply for a contact order via the courts even if it puts in an order the 2 nights you have now, so she can't stop contact

ReplyQuote
Posted : 08/02/2014 12:04 am
(@Nannyjane)
Illustrious Member Registered

Hi Mike and welcome 🙂

That's the trouble with the CSA they reward resident parents for denying overnight contact!

Perhaps you might like to consider mediation, it might help and its always the first step before court action should be considered. Hers a link

www.nfm.org.uk

Legal aid is still available for mediation, you can check eligibility here

www.gov.uk/check-legal-aid

ReplyQuote
Posted : 08/02/2014 1:20 am
(@mike1988)
New Member Registered

Thanks for the reply guys. Just annoys me aswell where with all the benefits she gets she gets more than me and I work full time. It's soo unfair on us dads

ReplyQuote
Topic starter Posted : 08/02/2014 6:17 pm
(@Papa1980)
New Member Registered

Hi Mike, I've been viewing these forums for a while and decided to join after seeing your post because it related so well to how my situation was.

From my experience, the CSA take into consideration your living accommodation, combined with your wage in order to account for the amount you are requested to pay. For example, as you are living at home and aren't the main occupant or home owner, you won't be treated as if you are.

They also won't take into consideration personal expenses, subscriptions, memberships and the such like, as they are a personal choice and not a standard living expense. From the outside looking in, £154 monthly, considering you are still at home is a reasonable rate and would also suggest they have taken into consideration the extras you spend on your daughter when she is in your care.

If you are being stopped access and aren't having your daughter the two nights on a regular basis, that is a separate issue you will be able to fight. If you are having your daughter consistently, then I doubt a court would order for anymore nights to be implemented as two nights a week is a fair and usual agreement, usually weekends.

Are your days for having your daughter the same weekly at present? In regards to your new job and changing the days you have her weekly, I wouldn't think that is possible due to a child the age of yours requiring consistency. If you happen to be working on the days you have an agreement for having your daughter, that would make you responsible in arranging childcare whilst you work.

Ultimately, and from my own experience, CSA and the courts are only concerned about the welfare of the child involved. Not personal issues between parents. The best advice I can give you is to remain civil to your partner for your daughters sake, even if you do feel you're being dealt a bad hand, which you potentially are, you'll come across better if you remain civil and it will prove you have your daughters best interests at heart.

I wish you all the best Mike!

ReplyQuote
Posted : 09/02/2014 6:13 pm
(@Nannyjane)
Illustrious Member Registered

I'm sorry Papa but I must disagree with you, the CSA do not take living accommodation into account and you will pay the same amount whether you live with parents or in your own home....the calculation is done purely on a percentage of salary with some reductions for joint debt, travelling expenses to facilitate contact(sometimes) overnight contact, and any pension you pay into.

ReplyQuote
Posted : 09/02/2014 6:56 pm
(@dadmod4)
Illustrious Member

Yes, I agree with NJ.

ReplyQuote
Posted : 12/02/2014 11:29 pm
(@westman)
New Member Registered

If you decide to go court and mediation fails. Make sure you have proof of your daughter staying for 2 nights. Take pics and try emails and texts when arranging contact. This will help if there are any disputes about previous contact and it continuing through the courts. Twice a week is not bad.

You maybe able to apply for special variation. Nannyjane is spot on

ReplyQuote
Posted : 01/05/2014 6:09 pm
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