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I'm not afraid of t...
 
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[Solved] I'm not afraid of the big bad CSA

 
(@trinity)
Estimable Member Registered

Hi all,
It's been a while for me probably because I have been getting on with living, my ex wife continues to make things difficult but I am strong enough to bite back..
We have a house that will be sold very soon and as part of the divorce agreement I will be repaying half the mortgage payments to her, something I don't agree with because I have not benefited from the use of the property but when weighing up the cost of going to court for me it was not worth it.
We have an agreement for child maintenance based on the latest CSA rules, I have 2 kids. My son lives with me 3 nights per week but my daughter lives with her mum full time. We agree that that works out as me having the children 21% of the time so I give her the full amount of maintenance based on CSA rules less 21%.
I earn gross £38000 so she gets £400 per month which I think is fair and she has not questioned so I think it must be fair. I pay it direct into her bank and it is marked as maintenance on my bank statements.
She claims benefits and has told me that she will be renting privately when she moves and that she has to go through the CSA because she will be renting private.
Does anyone know if this is true?
I am not overly concerned as I am happy to pay what is deemed fair, I love my kids and don't want them to go without but I also want to be able to have as much choice as possible on how my income is spent on my kids. The more money she gets the more she smokes (am I bitter).
There may be a twist in the tail, as contributing to the mortgage can have an effect on CSA payments. So when I do repay her that will effectively mean I have contributed.
We'll see what happens there.....
I also pay towards school expenses like music lessons and uniforms, that will stop.
One concern though, I was planning to give my daughter an allowance when she goes to university and reduce the amount of maintenance I give my ex, if we go through the CSA I won't have that option.

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Topic starter Posted : 04/08/2014 12:57 pm
 Mojo
(@Mojo)
Illustrious Member Registered

..this doesn't ring true! The CSA are not interested in her income/outgoings, only yours. The amount you pay has no bearing on anything other than your salary.

CSA is tied to child benefit and your ex will not be entitled to this when your daughter starts university, so the CSA payments would also stop.

Have you done a calculation with the CSA calculator to see if you are paying the right amount? It might be an idea to do some working out and show her that she may be worse off is she GPS through the CSA.

By the way the CSA has now become the CMS and there is now an admin charge for using their collect and pay service. This equates to 20% of the weekly/monthly amount paid on top for the paying parent and 4% taken from the receiving parents amount.

So on £400 a month you would have to pay £480 and she would receive £384.

ReplyQuote
Posted : 04/08/2014 10:42 pm
(@trinity)
Estimable Member Registered

Yes I used the calc, it's slightly complicated by the fact my son lives with me 3 nights but my daughter doesn't. I don't think she's making much sense but if it goes through the csa I don't see any need for collect and pay unless she wants to make me worse off out of badness. I've paid her since the day we split up.

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Topic starter Posted : 04/08/2014 10:54 pm
 Mojo
(@Mojo)
Illustrious Member Registered

I thought perhaps she was being awkward anyway and using an excuse to go through the CSA where one doesn't exist!

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Posted : 04/08/2014 11:15 pm
(@trinity)
Estimable Member Registered

I think she's just plain crazy, after running out of things to battle about on our divorce she must be moving onto the CSA.

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Topic starter Posted : 04/08/2014 11:45 pm
(@dadmod4)
Illustrious Member

You can go onto direct pay which avoids the charges (there's an inital charge of £20, but I would think she'll have to pay that to open the case) - as long as you pay on time, you can stay on direct pay without charges.

The mortgage payments may well be a separate issue - if that's been decided in court as part of the divorce settlement, and not as part of the overall child maintenance package, then it may not count towards maintenance.

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Posted : 07/08/2014 12:24 am
(@trinity)
Estimable Member Registered

Thanks for that, I've always paid so I'm not too fussed. Fingers crossed it will all come back to haunt her.

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Topic starter Posted : 07/08/2014 12:50 am
(@Child Maintenance Consultant)
Noble Member Registered

Hello Trinity

I am William, the Child Maintenance Options consultant

First of all, as mentioned, the Child Support Agency (CSA) no longer deal with new applications, it is now the Child Maintenance Service, so any calculations you do now will be based on their rules.

You also mention that your daughter is going to start attending university. Maintenance payments should be paid until a child is 16 or until 20 if the child is in full-time, non-advanced education. Full-time is classed as a minimum of 12 hours per week and non-advanced is classed as anything up to and including A-level standard or equivalent. Once your daughter is attending university, it is likely that she will be studying at higher level than that, so you would not be liable to pay maintenance for her.

Some mortgage providers do ask for proof of maintenance payments and this does sometimes call for a statutory arrangement to be in place. I do not know if this is the same for private rental landlords.

This booklet, https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/325219/how-we-work-out-child-maintenance.pdf, explains how maintenance is worked out including which expenses the Child Maintenance Service can be asked to consider. Their contact details are also included in this booklet if you would like to contact them directly for clarification on any point.

If there was a statutory case in place, you are correct in saying that you would not be expected to pay anything other than what you were instructed, such as school expenses, etc.

If you would like information on the options available to you to set up maintenance payments you can speak to Child Maintenance Options, the contact details as well as lots of information, can be found on the website http://www.cmoptions.org.

Regards

William

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Posted : 15/08/2014 1:50 pm
trinity and trinity reacted
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