overnight stays and reduction

LJ1

CSA not yet involved - but just trying to find out bit more just in case.

Have been looking at CSA website and (if ive understood this correctly) the Non resident parent can deduct 1/7th for every overnight stay.

so for eg sake non resident pays 70 per week - 10 per day.

there is one overnight stay and the day goes like this.

Mum gets child up dressed gives breakfast and takes to school
She provides money for lunch and tuck etc.
She pays for childcare for after school
Picks child up from childcare after school and takes home
gives the child their tea.

Then dad picks child up after his work and they stay with him
overnight. Next day he provides breakfast and drops off at
school.

So because this involves a overnight stay the dad gets a 1/7th reduction.
and the mum has provided/paid for lunches childcare etc.

Just trying to get my head round this.
Husband has not reduced the money he pays us - yet
So just trying to potentialy look ahead a bit just in case he does.

Loopy_Girl

Am afraid it is nights they count and not days.

So in your scenario then yes, the NRP would still get the 1/7 reduction.

Yes another flaw in the CSA, but it could be argued that they had to come up with some kind of formula.

Soubrette

LJ1 wrote: »

CSA not yet involved - but just trying to find out bit more just in case.

Have been looking at CSA website and (if ive understood this correctly) the Non resident parent can deduct 1/7th for every overnight stay.

so for eg sake non resident pays 70 per week - 10 per day.

there is one overnight stay and the day goes like this.

Mum gets child up dressed gives breakfast and takes to school
She provides money for lunch and tuck etc.
She pays for childcare for after school
Picks child up from childcare after school and takes home
gives the child their tea.

Then dad picks child up after his work and they stay with him
overnight. Next day he provides breakfast and drops off at
school.

So because this involves a overnight stay the dad gets a 1/7th reduction.
and the mum has provided/paid for lunches childcare etc.

Just trying to get my head round this.
Husband has not reduced the money he pays us - yet
So just trying to potentialy look ahead a bit just in case he does.

Yes - it's overnight not days that count.

It's not based weekly though - it's based annually. So the NRP would have to have your child for 52 nights of the year to get a 1/7th reduction every week. 104 nights for a 2/7th reduction etc etc.

I know nights are counterintuitive (I have a friend who's rather malicious ex picked up his kids 2 nights a week after tea and dropped them off before breakfast on a Weds and Sat and even expected her to provide nappies for them when they were with him) but I think it's because a day can be chopped and changed between parents but once a child is down for a night then they are pretty much settled.

Sou

LJ1

Thanks - i had thought that this would be the case.

On another note - does anyone know what sort of reduction would be made if overnight stays were

52 but under the 104

if the overnight stays were say 65 during the year
would that still count as a 2/7th reduction

I know im not involved with CSA at the moment - but who knowns - also have husband who may start to adopt same deductions from the amount he has decided himself to pay us - so trying to get my head round which way is better for us.

He is paid quite generous commission and bonus throughout the year - but wrongly told me as commission and bonus not guarenteed that it was not counted.

All i want is to make sure its a fair amount both paid and received. And dont want to just take for granted that the amount he pays at the moment is set in stone

pinkpig08

52-103 is a reduction of 1/7th. So 65 nights would still be 1/7th.

Mr_Green_Genes

LJ1 wrote: »

He is paid quite generous commission and bonus throughout the year - but wrongly told me as commission and bonus not guarenteed that it was not counted.

Incorrect. Any bonus is averaged over a year and assessment is made on that basis. Btw, a bonus, by definition, isn't guaranteed. IT'S A BONUS!! The argument he's advancing is a non sequitur.

All i want is to make sure its a fair amount both paid and received. And dont want to just take for granted that the amount he pays at the moment is set in stone

Interesting one this. Someone who gets bonus and/or commission is, by definition, not on a fixed income and therefore maintenance, as a fixed proportion of income would, theoretically, vary too. However, one of the more sensible rules* is that it's smoothed across a year (see above). However, that doesn't always mean that the value will remain a constant as it is always possible for either party to seek a review. You're probably wise not to take constancy for granted.

*Btw this doesn't necessarily mean that it will be interpreted in a sensible fashion of course

Soubrette

Mr_Green_Genes wrote: »

Interesting one this. Someone who gets bonus and/or commission is, by definition, not on a fixed income and therefore maintenance, as a fixed proportion of income would, theoretically, vary too. However, one of the more sensible rules* is that it's smoothed across a year (see above). However, that doesn't always mean that the value will remain a constant as it is always possible for either party to seek a review. You're probably wise not to take constancy for granted.

*Btw this doesn't necessarily mean that it will be interpreted in a sensible fashion of course

Mr GG - if you start a claim in Nov and the other party admits to taken dividends up until Sept but has not claimed one since due to difficulty in finding work - could the CSA use the last 12 months as a basis for calculation? or his last tax returns? Or (as they told me) their hands are tied and as my claim started after the last dividend was taken (I believe this to be true) , and the ex is not compelled to tell them about dividends he receives in the future - they can only use his basic salary declaration.

Do you have any ideas on the above scenario? As it seems ludicrious that they can't just deal with him as someone on a variable income

Thanks

Sou

Mr_Green_Genes

Sou

Is this self-employment? I am by no means an expert on this subject but my reading of the relevant piece of legislation (Statutory Instrument SI2001/155 for the anoraks and thanks again to Kelloggs for pointing me in the right direction) indicates that they could take the dividends into account, if they have to be declared to HMRC. That is, if they count as 'taxable profits from self-employment' or 'income from self-employment as a self-employed earner'. See Part 3, paragraph 7 of the above Statutory Instrument, available from :-

http://www.opsi.gov.uk/si/si2001/20010155.htm#sch

I hope this is of some use, but I fear that my knowledge of this subject isn't as comprehensive as Kelloggs'.

GG xx

charlie..._7

i wouldnt bother, all the extra gas, electric, food, energy all for maybe 5 quid.

oh did you know people who apply for childcare get 80% paid for
if you pay csa you are also paying for lunch and packed lunch, food, clothes roof and the gas and electric, and a caretaker.

by paying csa the main carer is expected to do those things, your paying for it. your in effect her employer lol

Soubrette

No he is a director of his own ltd company but sole shareholder, director and money earning employee. HMRC would love to be able to make guys like him self employed and keep trying to but can't differentiate enough between one man band ltds/contractors and genuine entreprenurial ltd companies, so technically he is an employee who has control over the amount of salary he pays himself.

I will read through that link though - that is brill thanks

Sou

Loopy_Girl

Hurrah!!! Here's charlie with her pearls of wisdom:D

Hmmm...wonder if you would be saying don't bother if there was a murder involved somewhere:rolleyes: