Changing the amount of child support

lilmissdisorganised

Hi
My husband voluntarily pays maintenance to his narcissistic ex wife for their 15 year old son, and he calculated the amount using the csa calculator, based on the up to 2 nights a week he was spending here at the time. Now however his son has decided he wants to spend at least 3 nights each week here, ( much to his mother's disaproval) and in fact he has just spent almost an entire month here, before going back to his moms just last week.

We havent payed her any maintenance since the beginning of march when he decided the arrangement was going to change (I normally send her a cheque on the 6th of each month) as he wasnt sure if he would be going back at all. Throughout this time his mom has continued to claim child benefit and tax credits for him, and then the other day she 'reminded' my husband that she hadn't recieved her maintenance.

Obviously the amount we have to pay her will now change, as it will work out that he stays here roughly half the time, and my question really is, how would the csa include the change of circumstances in the calculation? I know that they take the nights stayed here on average throughout the last 12 months, but surely if your circumstances change like this that wouldn't give a fair calculation.

For example somebody on £300 a week could be having their child half of each week, and only have to pay £16 a week maintenance, and then they could stop having them completely, and an average of the last 12 months would still show as him having them more than 175 days each year, meaning he would still only have to pay £16 a week. Is that a bit confusing or is it just me?

Has anybody been through this that can give me some guidance?
Thanks

LizzieS_2

Many here have stated problems where one party states x number of nights and the other states y number of nights - it appears the pwc is the one the csa use.

Bit of a mess you are all in here. The obvious thing to do was to approach this subject at the time of son moving and payment falling due, rather than now he has returned - that way it would have been fair to say nil until he returns.

The 3 night is easier - just use 3/7 reduction instead of the previous 2/7.

As you are on a private arrangement, it's easier to allow some give and take over that month, rather than risk the csa becoming involved for future payments, and you then being forced into proving your number of nights (unless of course the ex is honest with csa).

Soubrette

LizzieS wrote: »

Many here have stated problems where one party states x number of nights and the other states y number of nights - it appears the pwc is the one the csa use.

Bit of a mess you are all in here. The obvious thing to do was to approach this subject at the time of son moving and payment falling due, rather than now he has returned - that way it would have been fair to say nil until he returns.

The 3 night is easier - just use 3/7 reduction instead of the previous 2/7.

As you are on a private arrangement, it's easier to allow some give and take over that month, rather than risk the csa becoming involved for future payments, and you then being forced into proving your number of nights (unless of course the ex is honest with csa).

My ex told the CSA the girls stayed for 2 nights a week and I said 1 night a week. We both had to submit evidence which comprised a calendar of when each of us claimed the children stayed.

Luckily our evidence was similar - his evidence also showed 1 night a week - I don't think he understood that 2 night for 3 weeks of the month and no nights for 1 week did equate to 1 night.

What they would have done if our 'evidence' had shown different nights is anyone's guess. I suspect you are right though - they would just take someone's word for it :rolleyes:. However for my evidence I have kept emails etc so had at least some extra evidence of nights at different places.

Sou

lilmissdisorganised

Hi thnks
When he came to stay for the month it was because he was having such problems with his mom that he literally ran away, and she kept telling him the longer he stayed at his dads the more he would be punished when he went back! He only went back to hers on trial really and is back here for 5 days now, but he is still a bit confused about going back as he says there are arguments all day long at his mom's house. (She has just married her 3rd husband, and coupled with her personality disorder, and 3 kids by 2 ex husbands, things are not going well ) We've got copies of some of the text messages that she has sent him demanding him home and threatening him with more punishment if he doesn't. I should upload those onto my computer as evidence. I'm going to give the csa a ring today and see what the rules are.

Thanks guys.

Donedoingdebt

Unfortunately, the CSA will not take personal circumstances into account when calculating maintenance.
For them, it is a straight forward mathematical equation. Under current rules, your husband will pay 15% of his net pay, minus any allowance for overnight stays.
If there is disagreement between PWC & NRP over the number of overnight stays, then the CSA may ask for proof from both parties.
If there is no proof available, then they're most likely to take the word of the PWC in the first instance. So, he may well just receive the 2/7 allowance for the time being even though he is staying over more than that.
After that, it is important that your husband collects any evidence available to show that his Son is indeed, staying over for at least 3 nights per week (156 nights per year).
If there is agreement between the 2 parties, then the CSA should sanction any changes immediately & a reassessment can be requested at any time.

tc0001_2

LizzieS wrote: »

Many here have stated problems where one party states x number of nights and the other states y number of nights - it appears the pwc is the one the csa use.

Bit of a mess you are all in here. The obvious thing to do was to approach this subject at the time of son moving and payment falling due, rather than now he has returned - that way it would have been fair to say nil until he returns.

The 3 night is easier - just use 3/7 reduction instead of the previous 2/7.

As you are on a private arrangement, it's easier to allow some give and take over that month, rather than risk the csa becoming involved for future payments, and you then being forced into proving your number of nights (unless of course the ex is honest with csa).

The CSA don't always believe the PWC. My ex told them he had our kids for 3 nights a week and half of all school holidays and they believed him. In reality he has them for 1 night per month. It took over 18 months to sort it out (he was in the forces and working shifts and abroad for much of that time. ) I never got any backpay for the period and just had to struggle along by myself.