Child Maintenance (CSA) questions (merged)

mutley74

Scarlett1 wrote:

I would assume the CSA would want confirmation in writing that your son will be living with you, so could you wait until you got this ?

I dont know if there is anything you could do regarding the house sale proceeds, maybe you could go back to your solicitor and ask for it to be reviewed

I have a temporary court order in place stating child is in my care.

I am not sure how to ask about getting divorced finances reviewed. Divorce was only issued last year. I suspect if I ask for money back due to massive change in circumstances which dictated the financial settlement then ex would try to have the child back. I am certain she only wanted kid for the money during the settlement.

thesaint

atpug wrote:

Child is 5. Strange as last year we had a bitter custody battle so I could see child again. Looks like all the money paid for solicitors, court hearings etc all gone to avail. I am paying her via CSA. Amount is nominal and does not effect my living standard for now. But having to look after a young child full time is still a extra output from my expenses. I have applied for his child benefit and asked for a tax credits claim form too.

Just wondering is it best to wait before I get legal confirmation of his residence status with me before telling CSA?

Can she change her mind to ask for a child back? I mean child has had to move location in the UK and thus new school etc.

I am sure she basically waited till she got the proceeds from the house sale (which went in her favour 70/30 as she had the child in her care) then now does not want him anymore i.e. she only wanted him for the money at that time.

What order did the court make? Was it a residence order in her favour, shared residence order, a mixture with a contact order? You should have already had confirmation of the residency status, it usually comes within a week of the court case(I actually got mine the same day).
I would not make too many changes until this is all confirmed, because she would be within her rights to ask for your child to be returned.

thesaint

On the first subject of your bank details, even if you were to change bank and force him to pay by standiing order, he would still need the sort code and account number to pay you.

You can read the other C.S.A thread to work out how much you would be entitled to Kellogs36 is very knowledgeable on the subject.
It may not be beneficial to contact the C.S.A.

mutley74

I have a temporary court order in place stating child is in my care.

I am not sure how to ask about getting divorced finances reviewed. Divorce was only issued last year. I suspect if I ask for money back due to massive change in circumstances which dictated the financial settlement then ex would try to have the child back. I am certain she only wanted kid for the money during the settlement.

Amanda65

What was the agreement when you separated? How was £300 reached as a reasonable sum and was it a case of that would absolve him of all other costs or was it expected that he should pay for clothes etc?

I have had no personal experience of the CSA but udnerstand from some who ahve that it can take a really long time to get it sorted and your OH may stop paying in the interim.

Have you spoken to him and find out why the money this month was £100 short?

debtfreeplease_3

Hi amanda,
The sum of £300. came about because at first thats what he said was just going to pay me, but then when i checked how much i was entitled to this sum is about right for his wages ( not very good started at the bottom of his now chosen profession) 25% of his annual.

We never discussed who was to buy the clothes i just do it anyway, this is the first time he has bought them in the 6 months that he has left!

Thanks

kelloggs36

Hi - if you have worked out 25% of his net income to be what he is paying, then that is what he should pay. It is up to him whether he wishes to spend MORE money on his children by buying them new clothes although you may wish to look at it that he has paid the money and therefore has deducted it off what he has paid you to compensate. However, if you had your agreement through the CSA this option would be removed and he would have to pay the full amount.

HOWEVER, I note that the children stay over with him. Is this every weekend, or every other weekend? If they stay 2 nights per week then he would get a 2/7 reduction in his liability - so if he has to pay 300 pounds as 25%, it would reduce to 214 pounds per month anyway as he would be seen as maintaining them for those 2 nights. If they stay on average 1 night per week (thus 2 nights every other week) then the reduction would be 1/7 - which is 257 per month. So if he is paying 300 per month AND the children stay over with him, you are getting more than the CSA would calculate anyway.

You need to consider whether you want reliability over amount at the end of the day. He may turn round and then refuse to buy them anything extra whilst they are with him because he is maintaining them by paying you - if that is better for you then that is what you need to do. Good luck.

kelloggs36

You have a temporary order and you have made a claim for child benefit - you should really claim from the mother as she is not entitled to claim maintenance any longer. Have you been awarded Child Benefit yet? This is usually the gateway to other child-related benefits as Child Benefit should be payment for them to be able to make award.

jbbonce

As someone who used to work at the CSA, my advice would be only as a last resort. I have seen too many cases of things ticking along like you describe and then once the CSA gets involved, they get worse and it always affects the child more than anyone. Could you not set up a basic bank account for him to pay into? you could withdraw it as soon as you receive it that way he can do very little even if he has your bank details.
Could you explain to him that you need the money for their living expenses, and if he does want to buy them clothes that's fine but you still need your monthly amount.

skintas_2

someone i know had this problem. it cost him a fortune cos every weekend he treated the kids mcdonalds ,swimming, new clothes, he had the kids every weekend. the ex couldnt complain as she was claiming , was comitting benefit fraud by not declaring the money. she tried to threaten him with csa and not seeing the kids, he used called her bluff and SAId phone csa, suits me better. he got annoyed as he saw it as every weekend , she was living it up, nite clubs, pubs, on his money. its a hard situation. i wish you luck!