PWC v PWC dilema

chriszzz

Hi, All

I am looking for a bit of advice for a colleague of mine who is a PWC, she works full time and has two young sons, 13/11 one of her sons wanted to go and live with dad and the other wants to stay with her.

My colleague has raised both her boys financially on her own as her ex is unemployed.

Her ex took her to court for custody of her 13yr old son who is adamant that he wants to live with dad, (this is actually a long story but I dont want to bombard you with it). Anyway the 13yr old now lives with his dad.

I think she is under the impression that, because they both have a child each living with them, that she will not have to pay csa to her ex because he wont be able to financially support the son living with her.

I was under the impression that because she works, she will have to pay maintenance, as the csa take into account the earnings of both families and her ex is unemployed, obviously he will be able to claim benefits for the son living with him as my colleague now only recieves ctc and cb for the son living with her.

How does maintenance work for each PWC in this situation?

Any help would be appreciated.

CSA_Help

Theoretically her ex will pay her his £5 a week for 1 child and she will have
to pay her ex an amount from her salary for the other child

System stinks

AnxiousMum

By doing it this way as CSAHelp has described, both children benefit from the incomes of both parents. Yes, it's unfair to the parent who chooses to work to provide for the children, but it's the children whose best interests are taken into account - not the adults who made the decisions that have been made.

chriszzz

I had a feeling I was right in my thinking, my colleague really thinks that because they both each looking after a child , that it would be the end of it.

So the dad will contribute £5 from his unemployment benefit and she will contribute 15% from her wages?

She is full time now but she has asked to work partime because she is having problems getting someone to look after her son.

Blonde_Bint

Is there a possibility of both of them just leaving it Chriszzzz?

Neither one putting a claim in for either child. One child each all is square. If you have one child each that should be that. Or does she think her ex will go to the csa for maintenance.

karenx

Are they on talking terms? They could agree between them that no maintenance will be paid as he is now getting some benefits for 1 child.

chriszzz

Blonde_Bint wrote: »

Is there a possibility of both of them just leaving it Chriszzzz?

Neither one putting a claim in for either child. One child each all is square. If you have one child each that should be that. Or does she think her ex will go to the csa for maintenance.

I dont think she will persue him for maintenance as he is unemployed and she would not want to bother for such a small sum, however this has all happened just recently.

It was I who told her that I think he can claim csa from her because she is working, he has not said he is going to, they dont talk and this custody battle has been very hostile, I was basically making her aware that she may have to pay csa for her other son, which she had no idea of, as I was not 100% sure, I thought I'd ask on here because so many have really good knowledge, I only know bits.

chriszzz

karenx wrote: »

Are they on talking terms? They could agree between them that no maintenance will be paid as he is now getting some benefits for 1 child.

They really dont have any communication between the two of them, unfortunately they do it through the kids.

I think she just was not aware that he does have a right to claim csa for the child living with him.