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Help!
I have separated from my straying partner after 14 years. We since have agreed to share care from our 11 year old son. 3.5 days per week and so in theory no CSA payments. She however, after I have had to pay her off from the house mortgage (half of the equity of £140K) is now claiming poverty and threatening CSA saying that our son has a say in where he stays and that he would prefer to stay more with her (so instigating CSA charges). I know this is awful behaviour (he is a minor and loves us both but has more fun with her as there are children who live nearby her new property) She played around for two years behind my back and I now have a mortgage that has doubled to a £1,000 a month (half my wages) and I have to work until I am 75 to pay it off (I am 50). Anyhow, I need to know where I stand but am getting threatened with charges from so called experts in the field.
Hi again
I've moved this topic from the Welcome section to the Child Maintenance Section. We have lots of different sections and you're likely to get more responses in the relevant sections.
If she makes a claim against you with the CMS (the CSA is being phased out now) then they will take the mothers word on how many nights the child spends with you and you will need to prove otherwise.
Have you considered attending mediation where you can discuss both issues and hopefully avoid things escalating to court for contact issues & CMS for finance issues?
Hi Doc Wok,
Not very fair, is it?
Good fortune,
O
Thank you Othen.
Hello Doc Wok
As mentioned previously, the Child Support Agency (CSA) no longer deal with new applications. The Government’s new maintenance service is called the Child Maintenance Service.
Maintenance payments are worked out by them taking into account the amount of overnight stays the child has with the paying parent, so this will, of course, have an effect on the amount that you might have to pay.
If there is a Child Maintenance Service case brought and it is proven that care is shared 50/50, they would not be able to ascertain a paying or receiving parent, so there would be no maintenance requirement.
If a case does go ahead, the only reason you would have to pay charges is if the Child Maintenance Service had to collect payments from you, if for example, you missed payments. Usually, you would use the Direct Pay scheme, which is where they just work out the payments and then leave it to the two of you to decide when and how the payments are made. The charges are for parents who need to use the Collect and Pay option.
You can view detailed information about how the Child Maintenance Service work here, https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/325219/how-we-work-out-child-maintenance.pdf
The Child Maintenance Service are just one possible way to set up maintenance payments. If there was a requirement for maintenance, you could consider setting an arrangement up yourselves without the involvement of the Government or legal system. This is known as a family-based arrangement and it is easy to set up, flexible and free.
Even if you don’t have an amicable relationship with your ex-partner, it is still possible to set up a family-based arrangement. There are various ways of negotiating this type of arrangement. You can do it yourselves without involving anyone else, via friends or family members who can negotiate on your behalf or via a professional mediator.
In addition to the ways of coming to an agreement, Child Maintenance Options also have lots of supporting tools and information available on their website, http://www.cmoptions.org, which are designed to support you or someone acting on your behalf to put a family-based arrangement in place.
In particular, they have; a Discussion guide to help you plan your negotiation with your ex-partner and a Family-based arrangement form that allows you to record your agreement. This isn’t a legally binding document but can be a useful tool for reviewing or re-negotiating your agreement should circumstances change in the future.
You’ll also find the Online calculator available which calculates an amount of maintenance that the Government would consider to be a reasonable amount for you to pay.
Another option you have to set up maintenance is a Consent Order/Minute of Agreement, which is an agreement arranged through the courts via a solicitor. To arrange a Consent Order, both parents need to agree how much child maintenance will be paid and how often, before going to court.
If you would like further information about your options and to receive a more personalised service, you can contact Child Maintenance Options directly.
The Department for Work and Pensions (DWP) have a web application, ‘Sorting out separation’. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is http://www.dad.info/divorce-and-separation/sorting-out-separation
Regards
William
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