Counterclaim CSA

Kasssa

Hiya all, Not sure if I am in the right place but could do with some advice.

I have a 15yr old child and split with her father when she was 6 months old. Wont bore you with the whys. After chasing him for money to help with her and many broken promises I ended up going to the CSA. This was she was about 3. They orginally assessed him to pay 46 pound a week as he lived with his parents. Funny enough he soon got his own place, was reasssed and was only made to pay 5.20 a week. When i said that was to little to him he brushed it off saying legally thats all he had to pay. So i had to just put up with it. Not sure how he got away with this for 3 yrs but he did even though I made a fuss with CSA. He finally got a new job and was reasssed back to 40 pound a week. He got his mother to call saying he would go bankrupt etc if he had to pay it and could we not come to some agreement between us. If we didnt he would do a runner. So for the sake of my daughter and her relationship I agreed. From the age of 7 he paid 100 a month into my account and slowly she started staying with him. They have a great relationship. Now she stays with him 2-4 nights a week and the rest with me. Because of this it seemed unfair for him to pay this amount when she was with him half the time so we agreed to stop this and just sort things as and when needed. The child benefit was changed in to his name with my agreement and I kept the WFTC. Again seemed totally fair. In the last 6 months he is now telling everyone she lives with him. We have parental responsibility agreement but no one has sole custody or any other type. He has got school records changed, tried the doctors, tried everything but I found out and got it all changed back. Anyway today I come home to find a CSA assessment form. I have no problem paying for my daughter if we did not have her the same amount of time. Sometimes weeks she is with him 5 nights other weeks 1 night, its flexable so she feels happy and not caught in the middle. Anyway after checking CSA calculator if i declare she stays with me on average of 3 nights a week I have to pay 46 a week. Dont get me wrong if she lived with him more then I have no problem paying this but its so not fair as he is so lying. So I really need some advice.

1) Can i counterclaim for the time she is with me and how can I prove it. Its just his word against mine.
2) now the child benefit is in his name I have heard that makes me the non resident (think thats was it) parent? Is this right. What do I do?
4) Does me having the WFTC hold any substance with the CSA?
3) Can I make a backdated claim even thou he was paying 100 a month to me voluntarily for when she lived with me full time?

Any advice will be very very helpful and from now on I dont see why I should play fair.After all I have done and now He is looking to totally ruin me.

Thank you all xxxx

DX2

Kasssa wrote: »

Hiya all, Not sure if I am in the right place but could do with some advice.

I have a 15yr old child and split with her father when she was 6 months old. Wont bore you with the whys. After chasing him for money to help with her and many broken promises I ended up going to the CSA. This was she was about 3. They orginally assessed him to pay 46 pound a week as he lived with his parents. Funny enough he soon got his own place, was reasssed and was only made to pay 5.20 a week. When i said that was to little to him he brushed it off saying legally thats all he had to pay. So i had to just put up with it. Not sure how he got away with this for 3 yrs but he did even though I made a fuss with CSA. He finally got a new job and was reasssed back to 40 pound a week. He got his mother to call saying he would go bankrupt etc if he had to pay it and could we not come to some agreement between us. If we didnt he would do a runner. So for the sake of my daughter and her relationship I agreed. From the age of 7 he paid 100 a month into my account and slowly she started staying with him. They have a great relationship. Now she stays with him 2-4 nights a week and the rest with me. Because of this it seemed unfair for him to pay this amount when she was with him half the time so we agreed to stop this and just sort things as and when needed. The child benefit was changed in to his name with my agreement and I kept the WFTC. Again seemed totally fair. In the last 6 months he is now telling everyone she lives with him. We have parental responsibility agreement but no one has sole custody or any other type. He has got school records changed, tried the doctors, tried everything but I found out and got it all changed back. Anyway today I come home to find a CSA assessment form. I have no problem paying for my daughter if we did not have her the same amount of time. Sometimes weeks she is with him 5 nights other weeks 1 night, its flexable so she feels happy and not caught in the middle. Anyway after checking CSA calculator if i declare she stays with me on average of 3 nights a week I have to pay 46 a week. Dont get me wrong if she lived with him more then I have no problem paying this but its so not fair as he is so lying. So I really need some advice.

1) Can i counterclaim for the time she is with me and how can I prove it. Its just his word against mine.
2) now the child benefit is in his name I have heard that makes me the non resident (think thats was it) parent? Is this right. What do I do?
4) Does me having the WFTC hold any substance with the CSA?
3) Can I make a backdated claim even thou he was paying 100 a month to me voluntarily for when she lived with me full time?

Any advice will be very very helpful and from now on I dont see why I should play fair.After all I have done and now He is looking to totally ruin me.

Thank you all xxxx

1) you will get a reduction in what you have to pay for child support for the number of nights the child stays with you.

2) Yup you are now the NRP he is the PWC because of the CB situation.

3) WTC no bearing on your csa case.

4) No you can't back date a claim.

kelloggs36

How are you claiming the tax credits as you are not the resident parent?

dimbo61

You were wrong to allow him to claim the CB in the first place and now its a deep pile of poo you have with the CSA.

AnxiousMum

kelloggs36 wrote: »

How are you claiming the tax credits as you are not the resident parent?

Was wondering the same thing. When you fill in the tax credits application form/renewal pack, doesn't it specifically ask for 'children who are living with you'. You might want to get on that, as you may find you have a hefty overpayment from them - because your ex is claiming the child benefit, that gives him the right to also claim the ctc.