Child now living with NRP - What happens now?

Lil2002

Soubrette wrote: »

Could you give me a link to this Lil as this has definitely not been true in the past and it is information that could be useful

Thanks

CHILD SUPPORT (MANAGEMENT OF PAYMENTS AND ARREARS) SI 2009/3151
REGULATIONS 2009
Regulation 5-7

(2) The Commission may set off the liability to pay child support maintenance of
one person (“A”) against the liability to pay child support maintenance of another
person (“B”) where–
(a) A is liable to pay child support maintenance under a maintenance calculation,
whether that calculation is current or no longer in force, in relation to which
B is the person with care; and
(b) B is liable to pay child support maintenance under a maintenance calculation,
whether that calculation is current or no longer in force, in relation to which
A is the person with care.
(3) There shall be no set off in relation to any amount which if paid could be retained under section 41 of the 1991 Act.

(The last part refers to any debt due to the Secretary of State.)

slscarborough

Lil2002 wrote: »

Actually there has been a recent change in the law, and if he owes you, you will not pay child maintenance, the arrears can be offset.

Just make sure if you are contacted about a new claim, that you let them know that you are owed back money.

Just looked into this on the CMEC website and it would appear that this would be the case. I hope so anyway.

Soubrette

Lil2002 wrote: »

CHILD SUPPORT (MANAGEMENT OF PAYMENTS AND ARREARS) SI 2009/3151
REGULATIONS 2009
Regulation 5-7

(2) The Commission may set off the liability to pay child support maintenance of
one person (“A”) against the liability to pay child support maintenance of another
person (“B”) where–
(a) A is liable to pay child support maintenance under a maintenance calculation,
whether that calculation is current or no longer in force, in relation to which
B is the person with care; and
(b) B is liable to pay child support maintenance under a maintenance calculation,
whether that calculation is current or no longer in force, in relation to which
A is the person with care.
(3) There shall be no set off in relation to any amount which if paid could be retained under section 41 of the 1991 Act.

(The last part refers to any debt due to the Secretary of State.)

Thanks Lil - much appreciated

karenx

slscarborough wrote: »

Does anyone know if any housing benefit/council tax claim would take into account any maintenance I will be paying out?

No they wont take it into account, no benefits take into account any debt or payments you have to make.
Also make sure you tell CB and CTC so your payments for him can be stopped.

slscarborough

karenx wrote: »

No they wont take it into account, no benefits take into account any debt or payments you have to make.
Also make sure you tell CB and CTC so your payments for him can be stopped.

Just as I thought.

Dont worry I have already informed CB and CTC. Did that the day he moved out and dont wont to get any overpayments!!

RAS

IOn your assessment have you calculated in the allowance you get for the children living in your house, before allocate the 15% maintenance to your son?

jamespir

you should pay then

slscarborough

jamespir wrote: »

you should pay then

What exactly do you mean by that?

slscarborough

RAS wrote: »

IOn your assessment have you calculated in the allowance you get for the children living in your house, before allocate the 15% maintenance to your son?

Yes I have - I used the online csa calculator so assume that is correct.

shell_542

slscarborough wrote: »

Also can someone advise whether child tax credits and child benefit are also counted as income? Just trying to prepare myself for the worst and I know if my ex goes down this route I am going to find any payment extremely difficult.

Child benefit isn't included as income. Only tax credits.