CSA rules when two children with two mothers

blaise802001

Hi Kelloggs thanks for the help on my situation.
Things have developed a little way lol. My husband rang his ex wife to see if she would come to a private arrangement, offering her a little more than the CSA would pay her if I were to make a claim, she has refused saying she doesn't trust him and will stick with the CSA. Therefore she has forced my hand into going with the CSA. We were hoping to come to a private arrangement, whereby he would pay me £100 per month. Not a lot for 4 children you may think, but he is a good dad, and I know he would have bought extras for them etc. However, because his ex has screwed us so bad in the past, I don't think it fair that he would have to pay her £180 a month and me £100 and the CSA wouldn't take that into account. So if I do go to the CSA yes, he will have to pay an extra £30 a month overall, but her payments will reduce by £80, so she really is cutting of her nose to spite her face.
However my question is this, when I initally go to the CSA (I know it will take a while for my claim to process) if my husband were to pay me the £100 per month till the claim gets sorted and he proves this to them, I know he will still have arrears but how will this be calculated when he does eventually start paying them. Will it be 25% of his net income plus arrears, or 25% including the arrears..meaning if they decide that my maintenance is £200 per month and arrears are £50 totalling £250, will he pay me that £250 and his ex wife £57 or will he pay me £250 plus his exwife £100 (which is what her 1/3 is)
So in effect the question is really is 25% the most they can take from his wage, or 25% plus arrears payments?
Sorry for the long post..thanks in advance

Kimitatsu

As long as he can prove that he has been paying something then they will calculate his arrears and he can come to an arrangement to pay them back over a period of time.

They can take up to 40% of his net salary for maintenance and arrears, but if he is paying you already then he should be able to come to an arrangement to spread his arrears out over 12 months or more. Bear in mind as well that there will be an overpayment to PWC1 so his laibility there will be reduced.

blaise802001

Thanks kimitatsu..I forgot about overpayments to his ex..so in likelihood for the first few months his payments to me will increase due to arrears, and hers will decrease due to overpayment??

Kimitatsu

Absolutely, so for a few months he will probably be no worse off.

blaise802001

Thanks kimi..that's good to hear..he's a good man and I don't want to see him strapped for cash, which is exactly what his ex wife is doing..We know for a fact that as soon as I move out, she will be on to the good ole CSA telling them that he has no kids living at home anymore..so would be then liable to pay her a flat 20% of his net income, meaning she would get approx £70 more than she does now, regardless of the fact that he would be paying me £100..so in total he would be paying £350 out of his wage for child maintenance..if I go through CSA he will pay £307 and I would get the lion's share..but if I were to do a private arrangement and she stayed with CSA she would get the lion's share..not exactly fair really..but hey ho, she is a spiteful so and so..the first thing she said when husband told her that her payments would go down..is that I wanted to screw her kids over..charming!! What about mine lol??..she's all for money and nothing else..