Child maintenance

salamader

My ex and I agreed a consent order for our divorce and child maintenance 10 years ago and I have always paid what was due and on time (even though she took me the cleaners financially). I have realised though that i was not getting any credit for having our two boys to stay for two weekends a month and taking them on holiday for a week each year, and also having them when she went on holiday. I understand that this is normally factored in to the CSA calcs. I still pay for one child but is it right for me to assert that I have overpaid her for all those years? Its seems wrong to pay when she isnt looking after them, the consent order just stipulates a monthly sum, but presumably that could refer only the months she has them? Would appreciate any advice.

Thanks

DUTR

salamader wrote: »

My ex and I agreed a consent order for our divorce and child maintenance 10 years ago and I have always paid what was due and on time (even though she took me the cleaners financially). I have realised though that i was not getting any credit for having our two boys to stay for two weekends a month and taking them on holiday for a week each year, and also having them when she went on holiday. I understand that this is normally factored in to the CSA calcs. I still pay for one child but is it right for me to assert that I have overpaid her for all those years? Its seems wrong to pay when she isnt looking after them, the consent order just stipulates a monthly sum, but presumably that could refer only the months she has them? Would appreciate any advice.

Thanks

You can apply but I doubt your claim would be successful, there maybe a reduction (not much) for overnights i believe it is above 104 nights a year. But as with anything , only effective from once the 'authorities' are informed.

Loopy_Girl

Shoudn't you have asked the courts to take this into consideration 10 years ago?!

As the court order is 10 years old then you can go to the CSA and start a case with them and get your overnight stays taken into account but I wouldn't think that you can claim them back from the PWC retrospectively. This should have all been sorted out before the court order was granted.

salamader

I was in a mess 10 years ago, not in a fit state to contest anything. It did not involve and has never involved the CSA. I am not seeking to recover any money just assert that I have in effect paid in advance for some of the on-going child maintenance payments.

I reckon I had the boys for approx 66 days per year, when I look at the CSA maintenance calculator it gives a discount for nights spent with ex.

Loopy_Girl

No, you have not paid in advance and you cannot deduct any monies from now on to try and recoup this money.

The figure was agreed with the court and that is what is to be paid.

The only way to have your overnight stays taken into account is to go to the CSA.

Loopy_Girl

salamader wrote: »

I reckon I had the boys for approx 66 days per year, when I look at the CSA maintenance calculator it gives a discount for nights spent with ex.

The CSA don't count days - only overnight stays and there has to be a minimum of 104 nights per year for it to have any effect on an assessment.

salamader

Ok ok 66 nights as well! As far as I can see on the CSA maintenance calculator anything over 52 gets taken into account. What was agreed with the court was that an amount would be paid per month that my children stay with my ex, it doesnt stipulate that has to be for calendar or consecutive days.

Loopy_Girl

salamader wrote: »

the consent order just stipulates a monthly sum, but presumably that could refer only the months she has them?

No, it's for every month irrespective of whether they are with you for a couple of weekend that month.

As I have said, this should have all have been sorted out when the order was granted. Bluntly, it's too late now to do anything about it.

salamader

It seems to me that it depends on the wording of the order. I appreciate that it should have been sorted at the time but as I said at the beginning it wasnt.

Loopy_Girl

salamader wrote: »

Ok ok 66 nights as well! As far as I can see on the CSA maintenance calculator anything over 52 gets taken into account. What was agreed with the court was that an amount would be paid per month that my children stay with my ex, it doesnt stipulate that has to be for calendar or consecutive days.

My error...it is 52 nights - I was thinking of something else.

To be honest it doesn't really matter what the CSA site says as your case isn't with the CSA. Those rules are for cases with them.

Loopy_Girl

salamader wrote: »

It seems to me that it depends on the wording of the order. I appreciate that it should have been sorted at the time but as I said at the beginning it wasnt.

Well in that case you need to go back to the courts or get legal advice if you wish to challenge the wording of the order.