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My ex and I separated 4 years ago. I stayed in the former family home (ffh) and she moved out with our two children to rented accommodation. I paid Child Support as regular as clockwork via the CSA so no concerns. We put the ffh up for sale when she left and hoped for a buyer. However, the house did not sell.
In January of this year, my ex decided to move back into the ffh to give it a better family appeal in the hope it would attract a buyer. (It has!).The kids got back their old rooms, ex is in her quarters and I am in mine. We agreed to split all the bills 50/50 and I am giving her £100 per month to cover additional food costs as she cooks for the kids 10 days out of 14 and I cook for 4 days out of 14. She receives all the Child Benefit.
I stopped the CSA payments due to the above arrangement and now the CSA are hounding me for 6 months arrears (£1200). I am taking the CSA to appeal over this as I think it is grossly unfair that I should pay Child Support when I am paying half of the household bills and living in the same house as my children!
Is there anybody out there who has been in a similar situation? With rising rents and the increasing desire of Dads not be just a remote cash machine, the frequency of couples splitting up yet still living under the same roof is increasing. The CSA does not appear to have a formal policy to cover this and their response is to force the Non-Resident Parent to pay up, especially if you are already on their records. But I am a resident parent, and I pay half the bills. Help please!!
I would have thought your ex is responsible here, it's up to her to contact the CSA and report the change in circumstances. Your argument should be that since they returned to the family home care is now 50/50 and therefore you are no longer liable to pay maintenance. There was a post very recently that covered this.
Ask your ex to contact the CSA and explain to them that since Jan 14 she has been living at your address and care of the children is equally shared.
I look for the post that mentions this and link it.
www.dad.info/forum/child-maintenance/36289-shared-custody-50-50?start=12#46408
Hi,
I would tend to agree with NannyJane, as the circumstances have changed your ex should have informed the CSA of the change, you are in an odd situation though as you are still separated but living in the same home, I have no idea how the CSA would look at this, but first step would be to get your ex to contact them and discuss it.
GTTS
I think your ex can ask the CSA to cancel the arrears, and hopefully, she will do that. In this case, unfortunately for you, the CSA have probably done nothing wrong as neither of you informed them of a change of circumstances, so the payments continued to be due. As I say, assuming your ex is willing to do this, she should be able to write to the CSA explaining the circumstances, telling them the arrears can be ignored, and closing the case.
Hi,
Thanks for your comment. I did inform the CSA back in Nov 13 before my ex moved in that we would have a private arrangement. I explained it all to them. Once my ex got her foot back in the door and we were paying 50% each for all the bills, she reneged on the deal. I do not want to go 'ex bashing' here so let's just say her talking to the CSA is not going to happen. My experience with the CSA is somewhat jaundiced - with the CSA, Mum's word is the final word and Dad is not to be listened to or trusted. He is just a cash cow to be milked.
Consequently, I have had to draft my appeal to the Mandatory reconsideration but I have a feeling that the CSA will hit me with a deduction from earnings order imminently.
So my next question is how do I appeal against that? I have read I will have to apply to the Local Magistrates court. I shall be happy to represent myself at Court if necessary. Any further advice would be welcome. Thanks, Richard
Hi Richard,
I would also try and have a word with your local MP they can sometimes help.
Do you have proof of the private arrangement?
GTTS
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