[Solved] non resident parent or resident parent?

Hi Tony,

As you're technically stil living with the mother I can't see how the CSA could take maintanence payments from you, but I could be wrong. I'll ask someone from Child Maintenence Options to come by and advise you, but it will be Mon/Tue before they post. Keep coming back to check...

FM '70

Hi Filmaker
Thanks for the reply, I thought they wouldnt get involved too, until I got a call from the DWP (who I assume is the CSA) asking me to confirm my NI number over the phone, which I refused to do, They advised they were gonna post forms out to me.
I

Hopefully the CMO will be along at the beginning of the week to advise. I do know that if your child was living with his mother you'd be looking paying 15% of your take home pay. However for every night you have him you're supposed to deduct 1/7th off the amount.

If he's under your roof every night, I really don't understand how you can be expected to pay any maintenence. You may no longer be a couple, but you're still co-habiting. If you're sharing the cost equally I don't see why the CSA would get involved...

... obviously expect this to change if, and when, she moves out.

FM'70

Hi Tony

I've never come across this before, it's definitely a puzzler. I can't see how the CSA could ever work it out in your circumstances:
1. You aren't a non resident parent - the children live with you
2. Even if they were somehow to decide that they weren't you could argue that you have them some nights (but really, I think point 1 is the better argument)
3. If they did decide that one of you wasn't the non-resident parent, who's to say it's you? It could equally be the mother - you could claim that you are the resident parent and claim maintenance from her.

This has to be one where, for as long as the living arrangements remain as they are, where a family based arrangement is best - in reality, splitting all of the bills seems the sensible option.

I'll ask the CMO if they can comment on this - they won't get the request until Monday, so keep checking back.

Thanks and that was point to my ex.......she wants £150 per week for my son (working the 15% net back the way I worked this out to be the equivalent of £50k after tax and NI are deducted, which I of course, dont earn!) I have offered her £50 per week as we share all other bills, but she is insisting on this £150 which she says the CSA told her verbally she is due.
I have bought my son stuff for school, equivalent to the value of £100 so I thought that was fair and she said that will not half me for that and that would equate to food for my son......so I was surprised when I got the call........

Thanks
I am happy to have family arrangement but she is insisting on this £150 per week and I have told her that 7/7's deduction of £150 per week equals £0, but she is not listening

Hi, I'm Sarah, a consultant at Child Maintenance Options.

Despite being separated and continuing to live in the same household, the application may still be valid. The CSA will need to gather all the facts and make a decision as to whether the application can continue.

The first question that will need to be answered is whether you (the non-resident parent) and your ex-partner (the parent with care) are maintaining separate households within the same property. The next consideration is who provides the day to day care of the child - the person providing the lesser care will be deemed as the non-resident parent.Ultimately, the CSA wiill make a decision based on an overall picture and not just one area of evidence.

In terms of monetary amounts, you can get an idea what your child maintenance payments would be through the CSA using the Child Maintenance Options calculator.

http://www.cmoptions.org/en/calculator/calculator.asp

You could also use this amount as a starting point for your family-based arrangement (where parents sort out child maintenance between themselves). Many separated parents find that this type of arrangement is the easiest and most flexible way to sort out child maintenance.

For more information about family-based arrangements - and tips on how to talk to your ex-partner about money - visit Child Maintenance Options at www.cmoptions.org. Or you can speak to someone in confidence by calling 0800 988 0988.

I hope this information helps.

Sarah