Will CSA force me to pay maintenance?

RichP_2

Hi all, I will try to give you all the details of my case and hope someone can give me some advice, I would rather not contact the CSA myself as I have heard so many horror stories.

My ex wife left the family home in July taking my 12 year old daughter with her, I am left at home with my 15 year old son trying to pay the mortgage and personal debt she left in my name. She has now announced I have to pay maintenance but my arguement is we have two children together, one with me one with her so why should I? my daughter comes to stay most weekends whilst so far my son has refused to stay with her, I work full time earning a decent wage of around £30k my ex wife works 20 hours a week earning around £6k and also claims child and housing benefits.

If I am forced to pay mainentance I will no longer be able to afford the family home as its already a struggle, my son has exams this year and really does not need the upset of moving, I have used the CSA online calculator and its state I will have to pay around £43 a week to her and I could claim £6 back, any advice would be gratefully recieved, Richard.

clearingout

in whose name is the child benefit for each child?

RichP_2

clearingout wrote: »

in whose name is the child benefit for each child?

I am currently trying to sort that, when living together my ex wife claimed the child benefit for both children, I am now looking into claiming my sons as I believe is my right now he lives solely with me.

RAS

Hi

You need to get the claim for your son's Cb sorted out urgently as that is what the CSa use (erroneously) to determine who pays CSA.

RichP_2

RAS wrote: »

Hi

You need to get the claim for your son's Cb sorted out urgently as that is what the CSa use (erroneously) to determine who pays CSA.

Thanks, I am now on the case as I did not realise that, with splitting up I let things like that slip as I was more worried about the children and the affect it all had on them.

Once I get the child benefit sorted into my name for my son will I still be liable to pay as the CSA online calculator states or will each child cancel each other out which in my eyes is the only fair way, if anything it cost me more to look after the children as my daughter stays with me over 104 nights per year as well.

shell_542

The children wouldn't cancel each other out unfortunately as there is such a large difference between yours and your ex's income.

Make sure you get the child benefit sorted out as as it is, she could apply to the CSA for both children.

clearingout

once you have the child benefit, you will also be able to claim the Tax Credit due on that child which would help a bit.

You could also, of course, demand child maintenance from her and use the CSA to get that for you. She wouldn't like that, of course, but the mere threat of it might make her come to some kind of arrangement with you. You do need to consider the discrepancy in income and the impact this has on the children - 'on paper' at least, it looks like one child is far better off than the other. You really don't want one child to be able to turn round and say well, I had dreadful teenage years because you refused to hand over additional money to mum so I never got to do my swimming/running/gymastics/having the clothes that my friends had...whilst my brother had everything.

kingfisherblue

Don't forget that the child support that you pay for your daughter would be reduced by two sevenths if she stays 104 nights a year.

RichP_2

clearingout wrote: »

once you have the child benefit, you will also be able to claim the Tax Credit due on that child which would help a bit.

You could also, of course, demand child maintenance from her and use the CSA to get that for you. She wouldn't like that, of course, but the mere threat of it might make her come to some kind of arrangement with you. You do need to consider the discrepancy in income and the impact this has on the children - 'on paper' at least, it looks like one child is far better off than the other. You really don't want one child to be able to turn round and say well, I had dreadful teenage years because you refused to hand over additional money to mum so I never got to do my swimming/running/gymastics/having the clothes that my friends had...whilst my brother had everything.

To be honest the mess she has left me in financially means she probably has more expendable money than me to spend on the children, once I have paid all the bills and brought food / diesel for getting to work there is £50 a month left to pay for clothes etc, ideally I should sell the house and start a fresh but my son really wants to stay in the house he grew up in while he gets through the last year of school and exams.

Hopefully once I claim the benefits / tax credits I am entitled to it will be enough to pay maintenance although I cant see me getting much due to my wage.

sarflee

She is almost definitely claiming child and working tax credits as she work over 16 hours a week and assume she is a lone parent, so these will be used as income too. I would imagine this would make it a little more than £6 a week to set against the amouth you have to pay. Maybe worth letting her know this.

Fission

RichP wrote: »

My ex wife left the family home in July taking my 12 year old daughter with her, I am left at home with my 15 year old son ... She has now announced I have to pay maintenance ... I work full time earning a decent wage of around £30k my ex wife works 20 hours a week earning around £6k and also claims child and housing benefits ... any advice would be gratefully recieved, Richard.

I think it would breakdown that she would have to pay you nothing on that income of hers (less than £100 a week?). You'd have to pay her 12.75% of your net , that15% of for your son, then 15% of the rest. Estimating your net income to be around £1950 a month, that comes to something like £250 a month less a slice for the nights your daughter stays with you.