Not agreeing on amount of overnights

Supermom

M sister is having all maner of problems with her soon to be ex he has told the CSA that he has the kids for 53 nights a year but has only seen them 8 times overnight since christmas she's given the CSA dates but they say it dosen't tally with what they have from him. What happens now???

Thanks

And before anyone jumps down my throat he is the one who went to the CSA.

borders_dude

(Im a NRP on the old scheme/rules

My understanding is that they total up the number of nights and divide it over the year to give a 'average' figure, they then use that figure. Given that it is only June there is a possibility he might have the kids for the remaining 45 nights.

Ocourse he may just be blatantly lying because there will be a slight reduction in his payments and he wants to get out of paying the full amount.

(This is providing the case is under the old scheme/rules).

PS, I tend to think alot of threads could get help a bit quicker if the OP states whether the case to which they refer is old rules or new rules.

Supermom

thank you, I have asked my sister if it is under the new or old rules she has no idea???

He only contacted them a month ago would that mean new rules??

DX2

Supermom wrote: »

thank you, I have asked my sister if it is under the new or old rules she has no idea???

He only contacted them a month ago would that mean new rules??

It would be new rules

Supermom

Thank you, does this mean that he wouldn't get a reduction under the new system?

Can you tell im confused......

DX2

Supermom wrote: »

Thank you, does this mean that he wouldn't get a reduction under the new system?

Can you tell im confused......

lol don't worry about the confusion it's not the easiest system in the world.

How maintenance is calculated

We use information given to us by both parents to decide if someone has to pay child maintenance and to work out the amount of maintenance that should be paid. We may also use information from other sources, including the non-resident parent's employer or HM Revenue & Customs (HMRC) — which used to be the Inland Revenue.
We work out child maintenance by applying one of four rates to the non-resident parent's income. Income is earnings, money from an occupational or personal pension, and tax credits. We use the amount of income left after things like income tax, National Insurance and any money paid into a pension scheme have been taken off. This does not apply if the pension is set up to pay off a mortgage, when only 75% of the money paid into the pension scheme is taken away from the non-resident parent's income.
The four rates we apply to the non-resident parent's income are:

• basic rate (if they have an income of £200 a week or more)
• reduced rate (if they have an income of more than £100 and less than £200 a week)
• flat rate (if they have an income of between £5 and £100 a week)
• nil rate (if they have an income of less than £5 a week).

We can then adjust the child maintenance based on:

• the number of other children who are living with the non-resident parent, who they or their partner get Child Benefit for (a regular payment made to anyone bringing up children)
• the number of children the non-resident parent needs to pay child maintenance for
• whether the child stays with the non-resident parent at least one night each week.

http://www.csa.gov.uk/en/setup/how-maintenance-calculated.asp

Soubrette

On CSA2 (have they started CSA3 yet?) then each night per week he has the children means a reduction in maintenance, it is based on a week but worked out annually (1/7 reduction in maintenance would mean he had them for 52 nights over the year, 2/7ths 104 nights etc).

I think they tot up the nights over the last whole year so it is feasible that he has both seen the children 8 times since christmas but 53 nights in total since last June.

I think your sister needs to send in her alleged nights from the date the claim started (I assume a week or so again) going backwards for a full year. I would assume the NRP would be asked to do the same for his alleged nights.

I do not know what would happen if these figures disagree but that is what my ex and I had to do. I completed mine on the assumption he had them 3 weekends out of four unless there was evidence to the contrary (I always keep emails etc so had evidence if he couldn't have them certain weekends etc). I said he saw them approx 80 days a year and he said he saw them approx 120.

In the end both his evidence and mine tallied to roughly the same (I assume he keeps the emails too ) and unsurprisingly his tally confirmed he saw them less than 104 nights a year but more than 52 (I don't think he was lying, I think he actually thought he saw them more than he did).

However, if our estimates did not tally then I would have asked the CSA to provide a diary of the dates the ex claimed to see the children and then I would have looked at going through each date to see if I had evidence that he did not see them (did we go to the cinema together - was there evidence of credit card payments, sleepovers where other parents would be prepared to confirm in writing that my children were with them etc.

Sou

speedster

Supermom wrote: »

M sister is having all maner of problems with her soon to be ex he has told the CSA that he has the kids for 53 nights a year but has only seen them 8 times overnight since christmas she's given the CSA dates but they say it dosen't tally with what they have from him. What happens now???

Thanks

And before anyone jumps down my throat he is the one who went to the CSA.

what happens now? simple. they WILL take the word of the PWC (your sister) as gospel and he will be refused his 1/7th reduction.

they will send both parties a calendar to circle all the overnight stays to fill in and return.

they then throw the nrp's one in the bin (along with copy of supporting evidence) and plough on regardless!

it's mentioned in my DPA files that the evidence was insufficient. i pointed out to them that my ex had provided no proof at all and the paperwork i sent in exposed her calendar as fiction. the evidence included a signed (by both of us) agreement covering overnight stays, a letter from her to my solicitor and transcripts of relevant texts.

foot note. if your sisters ex has gone to the csa off his own back, then he's either paying way over the odds or is clearly mental!

PlayingHardball

No, the CSA will NOT simply take the word of the PWC. I am going to a tribunal to decide the level of shared care, as both myself and the NRP don't agree, he has arrears. We both had to complete a calendar, and fortunately for me, my ex didn't keep accurate records and has contradicted himself in several instances.

I don't know what the outcome of my tribunal will be, but if the CSA truly did take the PWC word over the NRP, I wouldn't be having a tribunal hearing! Especially as my idea of how much shared care I had matched with the details the CSA held on my data protection, but the CSA told me that the NRP 'has a right to be believed'.

It is best to advise your friend to keep very accurate records and use a diary to note details.

markeymark

this is what happened in my situation, if there is a dispute about overnight stays then if you appeal it, they take into account the previous year from when you applied

luckily i kept all my diaries and my ex only had a written note to them