Child Maintenance (CSA) questions (merged)

rchddap1

I'd read it as until the 17th birthday of the child.

Glad

Child maintenance is paid until the parent the child lives with stops receiving child benefit, so if further education is an option usually the maintenance carries on

lushkat

For the first time since she was 4, my fifteen year old daughter is going to stay with her father for 4 weeks in the summer. Although she does see him on a regular basis - once a fortnight - he has recently had a baby with his new partner and I suggested that she might like to go there and spend some time with them.

He seemed fairly agreeable to this until this morning when he said that if she comes, for that month he wont be paying maintenance.

He contributes the bare minimum that the CSA dictate, and makes no other contribution to bring her up, in fact when she sees her Dad I have to give her money in case she needs to get stuff (such as food, cos she says she is often hungry at her dads - and he only buys food by the meal, and no extras).

He says he has also found her a part time job for the summer, working in the card shop that is run by his GF's mum so she wouldnt be around most of the time anyway.

Am I being greedy in thinking that he should pay maintenance for that month, after all the CSA say he will have to pay it regardless, so I would have to pay it back to him. Doesn't that seem a little crazy?

What do you think?

lynzpower

well yes and no.

You still have to use part of the maintainence money for things like the mortgage/rent type thing whether shes there or not, along with savings for clothing etc. Id just work out what food/bus fares/ phone bill costs will be negated from your budget for her not being there, and minus that, as he will be covering it. Everything else is ongoing.

" she wouldnt be around much of the time anyway" well shes probably not around when shes at school, or sports practice or round her mates house, doesnt really mean you save that much money does it, Id be of the opinion to speak the CSA, sounds like hes trying it on a bit.

lushkat

Thanks for your post lynzpower. I did speak to the CSA who said he would have to pay it anyway. I can just imagine that he would pressure me to pay him back.

CGG

Glad

Does this automatically apply? The original order was made in 1991 and makes no reference to further education. It just says "until age 17".

Lady_S

I think he is correct. At the end of the day if you speak with the CSA your payments are worked out on how many nights she resides with you. If she is not residing with you for 30 nights then I don't think you are entitled to anything.

You would have to pay morgage/heating etc if she wasn't living with you at all, therefore why should a payment still be made for your personal living expenses?

Don't think her having a part time job is such a bad thing. If he is working anyway it isn't as if he would be at home 24/7. Also, it will give her some freedome.

Hope this doesn't sound like I am shouting you down, just have to look at the calculations as they are set out by the CSA. If you only have your child overnight 5 nights of the week, you would only receive 5/7 of the maintenance due, therefore if you are not having her for 7/7 then it would be decreased to nothing.

Only thing I am not sure about is them making allowances for holidays etc.

Broken_hearted

Why should he pay you when he has her, maybe you should pay him for that month.

Spendless

I would work out the basis of her being away for that month and see if it would make a difference if the amount of time she will be away, would change his maintainance if the same amount of time was spread over a year IYSWIM.
Presumably if your daughter wasn't there, you could downsize and have a smaller mortgage, so i do think that some of your mortgage costs need taken into account, but also does the fact that your bills (eg grocery) will reduce whilst she is there but your XH will increase.

Counting_Pennies_2

I would also check with your local education authority how many hours your daughter can work, and make sure your ex is aware of how much she can legally work.