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π Hi, my wife left last Autumn and took our young daughter. My wife is very emotionally unstable, but we have managed to maintain a 'status quo' over the past year. However, she is getting more and more unreasonable and using our daughter as a bargaining chip. If I don't give her money as and when she demands it, she withholds my access to my daughter.
So, I am now considering going down a legal separation route and trying to establish my rights for access etc. However, I know this will open up the probability of me having to pay maintenance in an official way, which I don't mind, but I'm worried at how much they'll expect me to pay.
My wife left me to pay the private rent on our bungalow, and obviously the usual Council Tax etc. I run a car, which I need to be able to get to work and pick up my daughter etc.
I've checked the GOV.UK web site and the Child Maintenance Calculator, and it reckons I'd have to pay about Β£26 per week. That amount may not seem a lot, but for me its devastating! I can barely afford to keep my home and car going as it is.
So, my question - does the CSA take my living expenses in to account when they make their assessments?
Thanks.
No they don't take your living expenses into account. Only things they will take into consideration is if you are supporting other children or depends on the number of overnights you see your child. More than 52 nights per year will reduce your payments. If you have regular travel expenses to see your child then they may make an allowance for that. Check out the Gov UK website for more details.
Hi there
Unfortunately Lollyrus is right, they calculate the amount of maintenance on a percentage of your gross income.
It would be better if you could try and reach a private family based arrangement with her. Perhaps offer her a little more and explain that it's important for your daughter that she has consistency in her life, and this includes maintaining familiar surroundings and your ability to be able to pick her up.
You could try asking your ex to work on a parenting plan with you , this might help to give her some insight into how important it is for the child that the parents work together. Here's a link to a post about parenting plans that you may find useful
http://www.dad.info/forum/legal-eagle/38959-cafcass-parenting-plan
This post will be better in the Child Maintenance section, I'll move it there π
Hello Blindman
The Child Maintenance Service works out child maintenance using the paying parent's gross income, which is income before Income Tax and National Insurance are taken off, but after occupational or personal pension scheme contributions are taken away. In most cases this gross income figure comes from information given to HM Revenue & Customs (HMRC) by the paying parent, their employer or a third-party such as an accountant.
The following link provides further information on how the Child Maintenance Service calculates child maintenance that you may find useful, https://www.gov.uk/government/publications/how-we-work-out-child-maintenance.
There are various ways that child maintenance can be arranged, there is a family-based arrangement which is an arrangement agreed between parents without the intervention/ involvement of the Government or legal system and is not legally enforceable. There is the option of the Child Maintenance Service which is the Governmentβs statutory maintenance service, who can calculate maintenance leaving parents to arrange payment between themselves, or collect payments and pay to the parent/ main carer. There is also a Consent Order/ Minute of Agreement which is an arrangement through the courts.
For more information on all the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website at http://www.cmoptions.org.
The DWP 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: www.dad.info/divorce-and-separation/sorting-out-separation.
Regards
William
I believe the CMS do take your expenditure into account if it's for something in joint names, I.e mortgage or something like a loan that was taken when you was still together. Not totally sure about rent though! The CSA don't exist for new cases anymore so it would be the CMS but be warned the way they work out your payments is different and it will cost more than the CSA was, by quite a lot!
It shouldn't cost you a lot more unless you are on a higher income - CSA take 15%/20%/25% of net income, whereas the CMS use 12%/16%/20% of gross for 1 child/2children/3 children.
If you are on relatively low pay, it should cost you less under CMS.
My payroll administrator said at work that they are supposed to leave your with enough to live on. I am looking into that option because after paying all mandatory expenses and CMS, I can barely travel to work let alone luxuries...it's ridiculous! π
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