[Solved] Child maintenance

Sorry just to let you all know the 50 pounds a week was what we agreed on at first. Without Csa being involved

Hi There,
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The amount set by CSA should be reduced if you have your son more than 52 nights per year which you should be way over, unfortunately, CSA tend to take the word of the applying parent if there is a dispute, and don't apply the reduction, I had similar when my ex first went through CSA, she claimed I had my son less than I did so that it would stay under the 52 nights per year, after 6 months I contacted them to ask them to re assess with dates I had my son and this was adjusted, they want some sort of confirmation so I listed out the exact dates he had been with me, to show this was regular and not the odd night here and there and they seemed to accept this.
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What ever the CSA put into the system for the number of nights you do actually have your son stay does'nt set how many you actually have him, it's purely down to what you pay through the calculation, if you don't mind not having the reduction, then for now at least pay the extra and continue as you have been having your son 2 nights a week, if you wanted to try and reduce it at a later date document the exact dates that he stays and contact them in 6 months to ask the to re calculate.
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GTTS

Thank you that was very helpful.. I will be paying less anyway by the information she's given it works out at 47 pounds a week. Just thought if she put 0 night a week then I wouldn't have a leg to stand on if we went to court. I don't mind paying the money at all aslong as it goes towards my sons needs. Plus I have my partners little girl who lives with me now which she hasn't put down. I just think it's wrong how they take the woman's side everytime.

Hi,
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If you ever end up in court, it wouldn't come into it, but when you speak to CSA ensure they put on record that you have disputed the number of nights your son stays with you, but that your not going to (at this moment in time) worry about the possible reduction for the actual number of nights he does stay with you, that way if you are at all concerned there is a record of your discussion with them, take the name the person you speak to and make a note of the date and exact time you called them. If you do ever end up in court although contact and child maintenence don't go hand in hand this should be looked at favourably as you are concerned more about your childs welfare than the money you pay even though you are entitled to a reduction.
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You may already know this but you should also recieve a reduction for your partners daughter that lives with you, your ex can't dispute this and its confirmed by the CSA checking that a child benifit payment is being made to the address you live at so as long as you are living with your partner and the benifit is registered at the correct address they should apply the reduction for you.
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GTTS

Thank you that was very helpful.. I will be paying less anyway by the information she's given it works out at 47 pounds a week. Just thought if she put 0 night a week then I wouldn't have a leg to stand on if we went to court. I don't mind paying the money at all aslong as it goes towards my sons needs. Plus I have my partners little girl who lives with me now which she hasn't put down. I just think it's wrong how they take the woman's side everytime.

Hi

You can use the calculator here to see what CMS would require you to pay. You would get a reduction based upon overnight stay, and a reduction for living with/caring for a qualifying child.

Regarding the "taking RP word for it" - this is the standard CMS stance, so don't worry about it. Recent changes in child maintenance legislation mean that in the event of a dispute (where overnight contact is not disputed in principle [such as, when there is no court order baring you from direct contact with child]) then the CMS are obliged to consider the number of nights to be "in dispute" and will apply a 1 night per week average reduction for shared care.

You need to appeal and make it very clear, that you dispute your ex's claim and tell CMS call handlers you wish to appeal until the stage where they will award you 1 night per week shared care as a "default" - because you have the child for 2 nights per week. You also need to start to gather whatever evidence you can for the later appeal stages (if it gets that far).