[Solved] Travel expenses or overnight variation taken off??

The overnight stay allowance should not affect the travel at all - this is based purely on multiples of 52 days per year that your son stays with you, and from what you have said, you should be probably be getting 1/7th reduction.

The travel is based on anything over £15 per week if you take home more than £200 per week (which I calculate you do) - for driving, I think that's fuel costs only, though if you pick him up and take him back, I'd say that 600 miles every 2 weeks, more than the 600 miles pm you quote.

I am certainly not aware that you cannot claim both - the booklet (which NJ refers to in your other post) says that they take into account and special expenses for "keeping in contact with your children (for example if the parent with care has moved a long way away)" - that seems to cover your situation. I'd have another word with the CSA, and if you don't have any success, then you could either ask for the variation from anyway, or go and speak to your MP (or both).

Thank you so much for this actd,thank godness for sites like this to keep me saine as at times i feel as if i am being "ripped off" by the CSA and they tell you what they want to depending on who you speak to.
I have recieved (24hrs later which is a record) the variation booklet which i have NOT seen in this format before which seem to take much more information into account this time so lets hope fingers crossed.
I will let you and the rest of the community how i get on.
Many thanks again

Hi Rugbyboy,

I too have been advised by the CSA that you cannot claim a variation for travel costs and a deduction for overnight stays however, I currently don't have overnight contact so that's not applicable to me. I can fill you in on what I was told by the CSA regarding variations for travel though.

The CSA calculate the reduction in your maintenance by deducting your travel costs (over £15pw) from your net weekly wage and then apply the percentage maintenance payable. They allow up to £0.20 per mile for fuel. So by way of example:

Net weekly wage: £200
Travel costs pw less first £15: £45 (300 miles x £0.20 = £60 less £15 = £45)
Net amount for calculation: £155 (£200 - £45 = £155)
Charge for 1 child: 15%
Maintenance pw: £23.25 (£155 x 0.15)

I believe that you can also include toll charges as they add to your overall travel costs.

A variation can also be sorted out over the phone so you shouldn't need to complete the booklet - problem being the soldiers on the front line don't do the calculations so they fob you off with the booklet but if you push hard enough they'll transfer you to someone who can!

Hope that helps and good luck

LD

That a new one to me about the variation over the phone - I'd make you have a word for word transcript of what goes into it.

The calculation you have given is spot on - unfortunately, what it does highlight is that if you are travelling 300 miles per week (for which realistically you will be spending at least £30 in fuel alone), you get a reduction in maintenance of just £6.75

Hi ACTD,

I've been having my own issues with CSA caused by their incompetence. Extremely frustrating, even more so when you're told that you won't be compensated for your financial loss due to a breakdown in their processes, poor systems and communications. I'm sure this will be a familiar story to many.

I've spent over 5hrs on the phone to various advisers all whom come across as being competent in their role but restricted in their ability to process a case which is non-standard. In my case that's payments to two ex partners and a variation for travel...quite straightforward you might think!

I've had a private arrangement with Ex A for 8 years, always paid the agreed amount (plus additional amounts on an ad-hoc basis) on time and similarly with Ex B although for 1 year. Ex B threatened to go to the CSA but would not confirm whether she had, or hadn't for over a month. I was advised by the CSA general enquiry line not to make payment under the circumstances as payments (even by bank transfer) can be denied as being for maintenance unless they are clearly labelled as 'maintenance for child A' or you could end up paying twice. Not wanting to hold back maintenance for my children I contacted the CSA who confirmed that Ex B had registered a case (some time ago). I provided the CSA with all my financial details and the details of Ex A and child A and requested a variation due to high travel costs (a variation form was issued). I was informed that the application would be processed immediately. Ex A also contacted the CSA on the same day to confirm the details I'd provided. A month rolled by and I received a letter confirming 15% of my salary was to be paid in respect of child B but no letter, or reference to child A or reference to the variation.

I rang the CSA immediately only to be fobbed off by the first adviser and told to ring another number which I did. The adviser was helpful, admitted that the details of child A had not been processed and it was due to a breakdown in the process. I was also advised that the variation form had not been received and a calculation was performed, the results of which were negligible on the amount of maintenance paid even though my travel costs are between £75 and £100 per week. I was also informed that Ex A had informed the CSA that I only had contact with child A once per week when in reality it was 3 - 4 times per week - it would appear that it's a case of your word against that of your ex and the onus is on you to disprove what your ex is stating.

The adviser arranged for the application to be processed on overtime that Sunday and informed me that I would receive a call to confirm (which I did). The adviser informed me that the application for child A had been processed and advised me of the new payments. What she didn't inform me until I probed further was that because there was a month between both applications being processed I would be liable to pay 15% for child B for that period as well as continuing with my private arrangement for child A. This was a 50% increase in the maintenance payable for child B and something I wasn't prepared to do due to circumstances beyond my control. I was then informed that I could make a complaint but it would be unlikely that I would receive compensation as the application had been processed within 12 weeks and that they would contact Ex B and explain the situation and see if she was prepared to accept the correct amount, if not I would have to pay the incorrectly calculated amount. I've literally just had a call from the CSA...my ex wants the full amount payable irrespective of the CSA error...how surprising ha ha!

In terms of my own situation I have been travelling 300 - 400 miles per week at a cost of £75 - £100 pw to see child B. As Ex B has informed the CSA that I make 1 visit per week the variation for travel does not impact the maintenance amount payable. The cumulative cost of travel and maintenance sadly make the amount of contact unsustainable and that coupled with Ex B giving and taking away contact on a whim make legal action inevitable.

In terms of my situation the cost of travel for 1 child alone is £100pw which the CSA allow me to claim £65 deduction from my net wage but as my ex states that I visit once per week that means only £10pw is taken into account and after applying 20% calculation results in a £2pw deduction. This doesn't affect the maintenance payable as it is lost in the rounding. The cumulative cost for travel and maintenance just to see my children is £1k per month before I do anything with them...ridiculous!

Here's what I've found out about the CSA, may be useful for others:

There are now three systems of calculating child maintenance. Pre 2003, 2003 onwards and the new system of calculation based on gross salary. New applications for maintenance will be applied to the gross payment system however; this system is unable to currently deal with cases where maintenance is payable to more than 1 parent (I think that this is because the functionality has not yet been developed).

Variations for travel over £15pw are deductible from your net weekly wage, and the calculation for maintenance then applied. Whatever you tell the CSA is verified with your Ex and if disputed the onus is on you to prove your case. Text messages are not accepted but journal entries are plus receipts for fuel or other items preferably in the vicinity of where your child lives, a contact order is also accepted. I was informed to develop a log which had to be signed by my ex and another party on each leg of the journey! I'm not sure the CSA see the animosity that is created in these circumstances...as if my ex will sign a log!

If you have two children to different partners the variation is applied to your net wage before any calculation is applied therefore any deduction will impact both payments as it is not possible to have the variation applied to one parties calculation.

The CSA have again confirmed that you cannot claim a reduction for overnight stays and travel BUT you can claim for contact outside of overnight stays ie if you go to see your child midweek but they do not stay overnight but do stay with you at a weekend. Again subject to you paying the first £15pw.

LD

Hi LD

Some of that I was aware of, some is new. Certainly the part about having 2 ex's I'd heard before, which is why I'd always advise that you pay through the CSA to both ex's if one is intending to use the CSA, even if you had a private agreement that worked with one of them.

It might be worth going to see your MP to raise a complaint if you haven't already done so - your MP can raise it at a much higher priority than you are able to do.