Csa and joint custody

MARSHALLC

this a little diffrent to the previous thread earlier, my partner and his ex wife have joint ustody of there two children on the basis of 7 days on 7 days off, this was granted by the court in september, the children were living with us full time prior to this so we claimed child benefit and tax credits, now that there is a joint custody order we now share the benefits with his ex she claims CB and tax credits for the eldest and we claim CB and tax credits for the youngest. the thing is she is in a relationship with someone else who she has a child with but she claims income support and is threatning us with the CSA can she make a claim against us as we have 50/50 shared residency, my partner works full time and i dont work as i was made redundant i do not claim any benefits except CB and tax credits for my daughter please can anyone give me any advice, am a little stressed!

marksoton

She can , but then you could start a case for the other child that you receive CB for.

ALIBOBSY

If she claims IS it is them who will force the CSA issue. You can claim CSA against her for the other child, but each claim would be based on the NRP income. IE the claim against your partner would be assessed on his income, the claim against her on her benefit income so big difference. Don't know how CSA works in 50/50 residency cases, but there are some knowledgeable peeps on here who will be along shortly.

Good luck
ali x

newlywed

According to CSA website (as far as I can work out) - for CSA2 and a 50/50 residency - they could make the assessment on the child she claims CB for (also taking into account the reduction for the child that you get CB for). They then halve the assessment (to account for half nights each) and then remove a further £7 from the result (no idea why that amount but apparently set in law). That figure is then payable.

You are then entitled to make a similar claim against her for the other child - but as pointed out if she is on benefits it would be very little.

marksoton

ALIBOBSY wrote: »

If she claims IS it is them who will force the CSA issue. You can claim CSA against her for the other child, but each claim would be based on the NRP income. IE the claim against your partner would be assessed on his income, the claim against her on her benefit income so big difference. Don't know how CSA works in 50/50 residency cases, but there are some knowledgeable peeps on here who will be along shortly.

Good luck
ali x

This is no longer the case. The PWC is able to receive the first £20 of CM and then has to inform jobcentre plus of anything above this which they then deduct from the IS the PWC gets. Clients on benefit are under no obligation to involve the CSA anymore.

MARSHALLC

thanks for your comments im fairly new to this - what does PWC mean? also my partners ex will be getting a fairly substantial sum of money from the divorce settlement will this effect her entitlements?

sarflee

It may have an effect on the benefits the ex is able to claim, but it would not normally make any difference to the CSA liability. Unless we're talking thousands in a bank account then any interest may be included in a CSA assessment.

From the info given your partner would be liable to pay weekly, 15% of his net weekly income, 15% of any tax credits rec'd in the household, divided by two, less £7.

PWC = parent with care.

marshmallows

If she claims maintenance for the child she gets cb for then get your partner to do the same

It will be 15% of his net income , he gets a deduction for the child he claims cb for and any other children that live there. Then he gets a reduction for having the child she is claiming maintenance for overnight.

Go to the csa website and depending on how much your hubby earns the maintenance she will receive will be a very small sum

MARSHALLC

this just seems mad to me that we would have to pay her any kind of maintenance the children are with us 7 days on and 7 days off, we are remortgaging the house to pay her off so we are increasing our mortgage payments, weve spent £10000 in court fees when she was getting legal aid and if this isnt enough ive been made redundant from a job which allowed me to work around the children, we provide more a less everything for the children they go without nothing, it just keeps getting better and better, we struggle as it is, also neither of them are NRP or PWC they both have the same amount of responsibility. CSA should really look at whats fair!

MARSHALLC

im on one now, and if that wasnt enough when we discussed splitting the CB and tax credits we said she could claim for the eldest child because your entitlement is more, i think i will give her the shirt of my husbands back as well!

newlywed

We have the kids 7 nights out of 14 too.... but the mother has all the child benefit for both kids, child tax credits and gets CSA from OH and then has the cheek to get the kids to ask us for new clothes etc :rolleyes: (and both she and her OH work too).