UK Child Support and overseas child support order

Round_The_Bend

I have been paying child support for my daughter in the UK, for the past seven years, without the involvement of the CSA. I also have a daughter from my previous marriage, who lives with her mother in the USA. There is a child support order in effect from the US, which I have also been paying. There are no arrears for either child.

The mother of my daughter in the UK has told me that her solicitor will be contacting me in relation to current child support payments, as she believes that I am not paying enough.

I currently pay two hundred and fifty pounds, per month, for my daughter in the UK. The US child support order for my other daughter is however three hundred and ten pounds, per month, plus I have to pay all travel costs to bring her over here four times a year.

My weekly net income is five hundred and fifty pounds.

I have a number of questions regarding the above:

I live with my partner and her two children; does the CSA take into account the two children who are living in the household, even if they are not my biological children?

Will the CSA take into account the US child support order and related transport costs, when calculating the child support costs for my daughter in the UK?

I am happy to continue paying the current level of child support but would struggle to pay more than this, as I already pay for extras like school uniform, shoes and extracurricular activities.

I did contact the CSA to ask about how they would view the US child support order and received conflicting responses from different departments. One told me that they would not use the US order in their calculations, meaning that I would be assessed as having only one child. This would mean that the UK order would be for almost four hundred pounds. Another worker later told me that it would likely be considered and that I could be assessed as having to pay little or nothing towards my daughter in the UK!! I hasten to add that the latter is not an option that I am willing to consider.

Hopefully somebody on here can answer some or all of my queries. Many thanks, as always, for any advice that can be offered.

gratefulforhelp_2

I don't have any helpful answers, sorry. Just to say that sounds like a big chunk to take from that salary (and I'm a pwc) and good on you.

PlayingHardball

Round_The_Bend wrote: »

I have a number of questions regarding the above:

I live with my partner and her two children; does the CSA take into account the two children who are living in the household, even if they are not my biological children? Definately, you get a reduction for this.

Will the CSA take into account the US child support order and related transport costs, when calculating the child support costs for my daughter in the UK? I believe the answer is yes, they do take this into consideration, but you may have to go down the route of applying for a variation to any child support maintenance calculation you receive, based on the travel costs of seeing your child. I believe this would be the way to go.

I am happy to continue paying the current level of child support but would struggle to pay more than this, as I already pay for extras like school uniform, shoes and extracurricular activities.

I did contact the CSA to ask about how they would view the US child support order and received conflicting responses from different departments. One told me that they would not use the US order in their calculations, meaning that I would be assessed as having only one child. This would mean that the UK order would be for almost four hundred pounds. Another worker later told me that it would likely be considered and that I could be assessed as having to pay little or nothing towards my daughter in the UK!! Typical UK CSA, unfortunately!!I hasten to add that the latter is not an option that I am willing to consider. You also need to consider if you are paying too much, which it sounds like you are according to your income, you have to have a life too. (the US order sounds especially high, did you earn more money when it was established?)

Hopefully somebody on here can answer some or all of my queries. Many thanks, as always, for any advice that can be offered.

If your net income totals £550 per week, you have one child (I haven't added the USA child into my equation) and there are 2 children living with you in your current home, you would pay in the region of £66 per week for your UK child. Your ex is being foolish and greedy, let her go to the CSA! She doesn't know how fortunate she is that you have always been so generous. Can I ask, are you in the armed services at all? My ex works in Germany and CSA say they don't have jurisdiction over him, so he chooses to pay nothing. Of course, I'm fighting it (unfortunately for my ex, I'm like a thorn in the side I think)

I don't know about your question about your child in the US, but I know that CSA have to take into account additional costs you incurr in maintaining contact with them (your 4 x flights per year) This is where CSA variation orders come in, which you would do after an assessment is made.

Hope that makes sense! I'm curious to what your ex's motivation is!

Round_The_Bend

Thank you to both of you for your responses.

No, I am not in the armed services. US child support laws are different from the UK's, in that the incomes of both parents are taken into account, when calculating child support. This is allegedly to do with ensuring that the child's material lifestyle is not negatively impacted following separation/divorce. My ex-wife had a very high income when the assessment was made, hence the high amount. US child support orders are almost never amended downwards, irrespective of changes in circumstances, as laws in most states forbid this. I know it sounds crazy but this is how it is.

In terms of my ex's motivation, it is simply that she is struggling financially. She has problems with living within her means and despite beginning with a financial clean slate after our separation plus the house (I took on the debt and eventually, after five years of struggling to repay, went bankrupt), she has apparently incurred further debt, which she probably cannot repay.

Oddly enough, we actually usually get on pretty well.

Thanks again for the responses, which certainly helped to alleviate some of my concerns.

gratefulforhelp_2

Its great that you get on ok. Can you point her at the DFW board for help? Obviously that won't solve the prob, but may alleviate it a bit.