Does this mean I've been paying too much Maintenance??

Hi,

I've been dutifully paying child maintenance for the last 4 years since my divorce for my 2 kids, now aged 12 & 15 at the rate of £400 per month which seemed to be roughly right via the old CSA working out of 15% for the 1st + 5% for the 2nd of Net pay.

Now quite honestly this is starting to hit hard now I've remarried and we have a 2 year old with my new wife and my Ex who has always lived with her long term boyfriend seems to have endless amounts of free cash!! Plus i give the kids £25 pocket money between the 2 of them each month.

If I look on the CSA website now it has a calculator http://www.csa.gov.uk/new/calculate/ which appears to say that since I have the kids every other weekend (52-103 nights per year) I should be paying £66 per week or £286 per month!!
By my reckoning I'm gifting her £1368 a year!! I can't afford that...since the original £400 was never legally agreed on divorce do you think it's safe to say I have every right to reduce the maintenance?? By a little at least...it's killing me...I'm happy to pay what's due of course and always have!
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Comments

  • DazzerG
    DazzerG Posts: 220 Forumite
    Stevev99 wrote:
    Hi,

    I've been dutifully paying child maintenance for the last 4 years since my divorce for my 2 kids, now aged 12 & 15 at the rate of £400 per month which seemed to be roughly right via the old CSA working out of 15% for the 1st + 5% for the 2nd of Net pay.

    Now quite honestly this is starting to hit hard now I've remarried and we have a 2 year old with my new wife and my Ex who has always lived with her long term boyfriend seems to have endless amounts of free cash!! Plus i give the kids £25 pocket money between the 2 of them each month.

    If I look on the CSA website now it has a calculator http://www.csa.gov.uk/new/calculate/ which appears to say that since I have the kids every other weekend (52-103 nights per year) I should be paying £66 per week or £286 per month!!
    By my reckoning I'm gifting her £1368 a year!! I can't afford that...since the original £400 was never legally agreed on divorce do you think it's safe to say I have every right to reduce the maintenance?? By a little at least...it's killing me...I'm happy to pay what's due of course and always have!
    You need to contact CSA to find out.....but I always thouhgt that you reduced your financial commitment to your ex-wife by a certain precentage as you have to also support your new child ?
  • Jummy
    Jummy Posts: 692 Forumite
    Be careful though because if your new wife works or is receiving Child Tax credits they will take her income into account.
    :)
  • helen21_2
    helen21_2 Posts: 8,092 Forumite
    Jummy wrote:
    Be careful though because if your new wife works or is receiving Child Tax credits they will take her income into account.
    :)
    Not on the new system, which if you went through the csa now you would be.
    They will take 15% off your income for the child you have living with you then you will pay your ex 20% of what is left, also for each night you have them this is reduced by one seventh so if you had them 2 nights a week it would be reduced by two sevenths
  • Jummy
    Jummy Posts: 692 Forumite
    We are on the new system and they definitely have taken my Child Tax Credits into account.
    My partners ex got a complete breakdown of my partners earnings and my tax credits.
    We queried this with the CSa and they said it was correct.
    We have worked out the ex gets roughly 9.00 per week of my money.
    I receive extra tax credits as i receive Carers allowance as our son is disabled and thinks its disgusting that money for my son is used in their calculations.
    :)
  • helen21_2
    helen21_2 Posts: 8,092 Forumite
    Hi Jummy are you sdaying that the csa take into account your income? I was told on the new system that nothing was taken into account they go on the NRP's income and nothing else :confused:
  • Jummy
    Jummy Posts: 692 Forumite
    Hi helen.
    Yes they have definitely used my tax credits in their calculations.
    Believe me we were quite shocked when we found out.
    I remember when my partner was filling out the forms and i queried why they were asking about child tax credits.
    We filled in all my details and didn't think too much about it till the letter came back telling us how much my partner had to pay his ex.
    We then were told by the ex that she had been sent a complete breakdown of my partners earning which isn't a problem but she also said she knew exactly what i receive which really made me angry.
    :)
  • helen21_2
    helen21_2 Posts: 8,092 Forumite
    Hi Jummy

    I know on the old system everything was taken into account, but was told that under the new system the only thing taken into account was the same percentage off for having children living with them, ie-15% off income if one child living with NRP then the % taken for the children not living with the NRP. Are you sure you on the new system? If yes then maybe it worth phoning CAB up, maybe i have been mis-informed by the csa but it worth checking
  • DazzerG
    DazzerG Posts: 220 Forumite
    Unless I mis-read your post Jummy, they are using his income and your Tax Credits to calc income.....but Tax Credits are also your partners income, so I imagine that it would be taken in consideration when calc his income.
  • helen21_2
    helen21_2 Posts: 8,092 Forumite
    DazzerG wrote:
    Unless I mis-read your post Jummy, they are using his income and your Tax Credits to calc income.....but Tax Credits are also your partners income, so I imagine that it would be taken in consideration when calc his income.
    I thought the working part of the tax credits would be classed as his income, but not the child part of the tax credits :confused:
  • DazzerG
    DazzerG Posts: 220 Forumite
    helen21 wrote:
    I thought the working part of the tax credits would be classed as his income, but not the child part of the tax credits :confused:

    I have to admit to not knowing a lot about CSA calc, but how would they know if the WTC was being paid because he worked? It could easily be being paid because Jummy worked, or both.

    Which reminds me.....time to make my monthly chase-up phonecall to the CSA !!!
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