[Solved] Whats your opinion

Hi - have you checked the CSA calculator? If he is paying much less than this, I'd be inclined to tell him you want to look at the agreement again, otherwise go to the CSA. If he is earning a lot and taking the p*ss on how much maintenance he pays towards the children, then he should be considering whether he is doing the right thing - but I would certainly give him the chance to come to an agreement first.

However, if he is paying the correct amount by the CSA calculator, then what he pays does cover school trips etc,.

Hi actd, he has his own business. Pays himself min wage, etc. Gets £3,000+ tax free. Has gone thru csa who said he only has to pay something like £9PW for both kids based on min wage! yet he buys expensive clothes and toys whilst they are with him, but begrudges £1 or so for school trips.

Hi Booboo

It sounds like he's abusing the system. I presume, when you say he has gone through the CSA, you mean he has checked the calculation on the CSA, since you said you have a private arrangement.

You have the option of going to the CSA yourself and asking them to take the case. Initially, they will assess on the basis of the calculation he has already looked at. The CSA can assess on the gross income of the business if they can't assess on his weekly earning. However, if they can't, Onoe you get the assessment from the CSA, appeal it and if the appeal is refused (I think they usually are), the apply for a variation - I think you have two possible reasons, one if for lifestyle inconsistent with income (not always easy to prove) and the other is diversion of income. The variation process is free, and the advantage is that it is done via a tribunal - this means that they can apply some common sense rather than the black and white rules of the CSA calculation, so if they see that he is abusing the system, they can assess him based on a more realistic figure.

As a matter of interest - how is he getting 3k tax free?

Much as a lot of people don't like the CSA (especially on here, where a lot of dads have had a very raw deal), it does have it's uses where people are out to pay less than they should by hiding money, and from what you have said, this is one of those cases.

BB have you had a look at the sticky at the top of this section called "how does the CSA calculate payments"? It links to a CSA leaflet and on page 30 it talks about this situation.....have a look and then call the CSA, quote it to them and ask them to take action!

Hi BooBoo2010

Thank you for your post. I am William, the Child Maintenance Options consultant. I am sorry to hear that you are experiencing problems with your child maintenance arrangement. I will provide some information that may answer your query.

The statutory rules define child maintenance as a contribution towards the cost of bringing up a child. This includes not only such items as food and clothing but also it is a contribution towards the home that the child lives in and the associated costs of running that home.

You mentioned that you have a family-based arrangement in place with your children's father. However, in the third post, you mentioned that child maintenance was calculated using the Child Support Agency (CSA).

If you have a family-based arrangement in place, there are no strict rules to stick to. Therefore, it is both you and your children's father's responsibility to decide who will provide what for your children. A family-based arrangement does not need to be all about money, although many parents do include financial contributions. Your arrangement can include other kinds of support, such as your children's father directly paying for things that your children need. A family-based arrangement is not legally enforceable, however, many parents do prefer this type of agreement because it is very flexible and can easily be reviewed and changed to meet the needs of your children.

To help you try and renegotiate your arrangement, we have a number of tools, forms and guides that you may find useful. We have discussion guide that you can use to plan your conversations with your children's father. We also have a family-based arrangement form, that is not a legally binding document, but when used to write down what both of you have agreed, it can help to formalise your arrangement. You can gain access to our tools by visiting our website at http://www.cmoptions.org/en/toolbox.

If you feel that mediation may help you renegotiate your arrangement, you may find the Mediator locator tool useful ( http://find-legal-advice.justice.gov.uk). This tool will allow you to find local mediation services in your area.

If you wanted to use the statutory rules for your family-based arrangement or if you are currently using the CSA's Direct Pay scheme, your children's father would only be responsible to meet the payments that the Child Support Agency (CSA) have calculated. It is your children's father decision if he wishes to make any additional contributions. If you would like further clarification on the statutory rules, you may wish to get in touch with the CSA. Their contact details can be found on their website at http://www.gov.uk/child-maintenance.

For more information about child maintenance, please visit our website at http://www.gov.uk/child-maintenance. Alternatively, you can call us from free on 0800 988 0988 between 8am and 8pm Monday to Friday or 9am and 4pm on a Saturday. We also have a Sorting Out Separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: http://www.dad.info/divorce-and-separation/sorting-out-separation.

Thanks guys for all your replies. He is an accountant with his own business and knows how to work the system. He has gone to the csa based on his min wage and uses it to his advantage as it calcultaed he only had to pay something like £9 pw! I asked for a varience which increased it only slightly. He is now going for 50/50 residence despite living over an hour away. I have been told if he gets 50/50 he doesn't have to pay a penny. I cannot increase hours at work as I have already lost out on tax credits what with all the cuts,and will lose out more if I increase hours. MY father already retired has taken on 2 jobs to help us out,yet he lives the life of luxury and is remarrying again. I just wish he would put his children first instead of himself!

I don't think it's right about him not paying anything - certainly not at the moment (I think it might change) but unfortunately it will reduce depending on the number of nights your children stay with him, though that will reduce your costs as he'll have to feed them when they stay with him. If he lives that far away, then I would say that 50/50 is not practical as it will be disruptive to school etc, so I'd argue that in court. Also, although the court aren't concerned with financial matters, it's work trying to slip in a comment about him paying a minimal maintenance - don't push the point beyond a quick comment - the court may realise that his motive is to reduce maintenance rather than any genuine motive.

That's a good idea,never thought of doing that at court. Thankyou 🙂