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Hi All- seeking any advice on a potential looming situation
I have two just turned teenage girls from my first marriage who live with their mother roughly 20 miles from my home address where I live with my second wife. Under the terms of the divorce, I routinely see my two girls every other w/e and for half of all school holidays. I make regular payment to the CSA by DD every month. I understand the figure is based is how often the stay over night with me and my wife
During this w/e ending tonight, my eldest discussed the possibility of not coming over every other w/e due to studying for impending GCSE's and (further downstream) the potential for having a Saturday job.
On returning them to their mother earlier this evening, I explained this and stated that we whilst we would not, not want to see the girls every other w/e, we would accept that the scenarios of "It's not fun going to Dad's this w/e" or "I'd rather see my mates" or "I would like a Saturday job" etc. I also pointed out we would travel to visit the girls after their job finished and take them out for tea/go the cinema etc - in order to see them and maintain direct contact
My ex agreed that it is important that contact was maintained but then said she would contact the CSA if this became a regular thing. I offered to have one or both girls on just the Saturday night but pointed out that would mean she still would have to have them on "additional" Fridays
So here is my issue - if the girls themselves choose (for whatever reason) not to come to stay with us does this mean I will have to face an increase in CSA payments? Clearly a regular Saturday job would have an impact, but a short notice "I'd rather do something else instead of seeing Dad this w/e" cannot be factored in when advising the CSA about how many nights they stay with me during the year. . .
I am aware the CSA are generally not interested in the small detail and are more interested in how many night access I have them fore
Can I really be penalised if it is the girls that do not want to see me for legit reasons (as stated above) ?
Any advice on this issue would be most welcome. This scenario has to be a routine "standard issue" across the UK as children grow up and develop wider interests outside of either of the family home(s)?
Thanks in advance for your anticipated co-operation
Halifaxman
I am no expert, but my understanding is that CMS will believe whatever the resident parent says, unless you have strong evidence otherwise. In which case if you do have them only X nights per year, or she says that is the case, then that is what they will base their calculations on.
The CSA work in multiples of 52 nights per year, so if you drop below one of these multiples, then yes, you are going to be liable to pay more.
Gents
Thanks for the update - it looks like an increase is likely, even though they should be with me under the terms of the settlement
Halifaxman
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