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My ex is taking our 17 year old daughter away for a fortnight

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  • duchy
    duchy Posts: 19,511 Forumite
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    edited 6 August 2009 at 8:21AM
    I don't see many landlords even social ones or banks saying "Oh well as for two weeks there is one person rather than two staying here so just pay rent or mortgage as if your home has one bedroom not two." Do you ? Shelter is probably the biggest expense for a PWC as they need to usually supply a larger home than if the children did not live with them.

    As for paying-if you and your ex are under a CSA agreement (or agree to follow their guidelines with a private one) no he still pays support however those 14 nights will count towards the annual calculation of number of nights spent "under the roof" of the NRP so there IS a financial implication to it and the calculation is the same-it's the fact the NRP is taking responsibility for supplying accomadation for those nights rather than *where* it is. It's on the CSA website if you want to quote "chapter and verse".

    Obviously it may not be that simple if the NRP is likely to cancel the holiday if he has to pay support as well as the expenses of the holiday but legally it is pretty clear.
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  • onetomany
    onetomany Posts: 2,170 Forumite
    duchy wrote: »
    I don't see many landlords even social ones or banks saying "Oh well as for two weeks there is one person rather than two staying here so just pay rent or mortgage as if your home has one bedroom not two." Do you ?

    As for paying-if you and your ex are under a CSA agreement (or agree to follow their guidelines with a private one) no he still pays support however those 14 nights will count towards the annual calculation of number of nights spent "under the roof" of the NRP so there IS a financial implication to it
    total agree with above what do you whant the pwc to do ring up everyone and say sorry cart pay bills this two weeks because daughter gone on holiday, pwc still has to proved a safe enverment for daughter at that means a roof over her head sorry if i sound harsh but my x agues with me about what he pays
  • shell_542
    shell_542 Posts: 1,333 Forumite
    It depends on whether the OP has a CSA arrangement or a private one. If it's CSA then he can't pay less.

    But surely, if it is a private one, you could possibly accept slightly less that month. The NRP is not supposed to be funding the PWC completely and paying the whole of their electric/gas/food/water bills etc etc. It is supposed to be a percentage that goes towards the child and as the child will be away some of those bills would be less ... food especially, gas, water, electric. And the NRP has to pay twice, to the PWC and also for themselves. What if the NRP can't afford that? Should they then not have their child to themselves for any period of time?

    It seems to me if you are able to afford it and wont end up in debt that month you could, out of good will, accept less just for a month. Obviously it depends on the kind of relationship you have with your ex.
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  • marksoton
    marksoton Posts: 17,516 Forumite
    duchy wrote: »
    I don't see many landlords even social ones or banks saying "Oh well as for two weeks there is one person rather than two staying here so just pay rent or mortgage as if your home has one bedroom not two." Do you ? Shelter is probably the biggest expense for a PWC as they need to usually supply a larger home than if the children did not live with them.

    As for paying-if you and your ex are under a CSA agreement (or agree to follow their guidelines with a private one) no he still pays support however those 14 nights will count towards the annual calculation of number of nights spent "under the roof" of the NRP so there IS a financial implication to it and the calculation is the same-it's the fact the NRP is taking responsibility for supplying accomadation for those nights rather than *where* it is. It's on the CSA website if you want to quote "chapter and verse".

    Obviously it may not be that simple if the NRP is likely to cancel the holiday if he has to pay support as well as the expenses of the holiday but legally it is pretty clear.

    And yet the NRP has to provide said environment for when the child is with them, and probably for a fraction of the time. It continues to amaze me that people seem to think the PWC is the only one with increased housing costs because a child is part of their family.:rolleyes:

    If the CSA are not involved and no reduction has been applied to the maintenance paid then the OP should really accept less.
  • Blonde_Bint
    Blonde_Bint Posts: 1,262 Forumite
    I get where your coming from with regards, the rent and the gas still need paying, totally understand that.

    But it looks to me like you want him to pay YOUR rent for a roof over YOUR head then to me, it says, the NRP is paying for his ex and not just his child. This particular child is 17 yrs old, how is OP going to manage when this child is 20. Or is this NRP going to be paying until the child is 40???

    In this instance I would give a little, be prepared to take less maintenance not no maintenance (less) so that the NRP can spend the maintenance he would have given you for the child on the child.
  • Blob
    Blob Posts: 1,011 Forumite
    The child is 17 in a matter of months then there will be no CS for the PWC to relly on. I think that it is time to get real and get ready for what is comming down the line. Just how are you going to get by when you dont get the hand out from your ex every month?

    For my part, I have to pay every week of every month, and I have the kids live with me for just under the threshold for shared care, very carefully worked out by my ex so she wont loose a penny. That means in reallity when she was on IS I was paying 3 times.

    1. Tax for IS
    2. CSA
    3. When I had the kids for 3 month a year

    The system is not really loaded in favour of teh PWC, MUCH!!!!!!!!!!!!
  • stokefan
    stokefan Posts: 790 Forumite
    this just shows how the NRP gets the rough end again. no doubt the NRP also payed for the new clothes for the child for going on holiday??

    i totally understand that the pwc has to still pay bills, but so does the nrp, so i fail to see your point.

    if the nrp has the child over night, maintenence gets reduced by 1/7th

    so if the nrp has the child 7 nights a week surely it should get reduced by 7/7ths???

    infact i would go as far as to say, YOU should be paying the nrp maintenence.

    unfortunatly i dont work for the child welfare/support, because if i had any say in it at all i would change this biased system
  • madlozza wrote: »
    Can you point me in the right direction to find that info on a government site or something? He says he is entitled to do it. I'd like to be able to quote chapter and verse to him

    http://www.csa.gov.uk/en/PDF/leaflets/new/CSL303.pdf

    If your arrangements are through the CSA, holidays will have been counted in the total amount of nights that the NRP has shared care as per the above leaflet. This means the two weeks holiday time have been accounted for in the amount he must pay you. Therefore, he shouldn't cut your maintenance for the 2 weeks she is away with him as it is part and parcel of his annual maintenance legal requirement (sorry to all you angry NRP who have posted very negative comments to this poster) but she is right, if her and the ex are on CSA assessment. Your comments to the OP were not based on fact.

    I hope the above link will help the OP, not sure if anyone can find anything more definate for her to give to the ex? I'll keep looking.
  • shell_542
    shell_542 Posts: 1,333 Forumite
    http://www.csa.gov.uk/en/PDF/leaflets/new/CSL303.pdf

    If your arrangements are through the CSA, holidays will have been counted in the total amount of nights that the NRP has shared care as per the above leaflet. This means the two weeks holiday time have been accounted for in the amount he must pay you. Therefore, he shouldn't cut your maintenance for the 2 weeks she is away with him as it is part and parcel of his annual maintenance legal requirement (sorry to all you angry NRP who have posted very negative comments to this poster) but she is right, if her and the ex are on CSA assessment. Your comments to the OP were not based on fact.

    I hope the above link will help the OP, not sure if anyone can find anything more definate for her to give to the ex? I'll keep looking.

    Many of those who were debating whether she should receive the whole amount did actually state that this was only if they had a private agreement, not a CSA one.
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  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    http://www.csa.gov.uk/en/PDF/leaflets/new/CSL303.pdf

    If your arrangements are through the CSA, holidays will have been counted in the total amount of nights that the NRP has shared care as per the above leaflet. This means the two weeks holiday time have been accounted for in the amount he must pay you. Therefore, he shouldn't cut your maintenance for the 2 weeks she is away with him as it is part and parcel of his annual maintenance legal requirement (sorry to all you angry NRP who have posted very negative comments to this poster) but she is right, if her and the ex are on CSA assessment. Your comments to the OP were not based on fact.

    I hope the above link will help the OP, not sure if anyone can find anything more definate for her to give to the ex? I'll keep looking.

    It seems silly contributing to the thread until the OP clarifies whether the deal is done via the csa or not, to my mind, if done via the csa then he should still contribute, however if not, then he should not pay for those two weeks END OF!
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