child maintenance

DUTR

rachbc wrote: »

I'm sorry if I misread it but at what point does OP say she doesn't work?

I would expect him to pay 25% of the ot when he gets it - after all is he is on a decent wage, and overtime is time and a half it could be a significant amount - they are after all his children so he should be paying for them!

This is where the problems start, because it is a HIM, not a NRP? Overtime maybe at standard rate, it is up to both parents (as you put it) to pay for them! , he dipped his wick, she opened her legs! both are responsible for contribution financially. :j

DUTR

whichwaytuturn wrote: »

thank you for everyones replys. i appreciate that people have different views on the subject of child maintenance. this is not overtime that he does occasionally this is overtime that is done weekly. ie friday hours are classed as overtime the only time he gets a basic pay is holidays ans if he off sick.so granted its not a lot of hours over the week but would make a difference on his annual income.

FANG my kids are teenagers as to getting a job that would not be a possibility as i have considerable health issues that are degenerative and will only get worse as time goes on. i do understand that when kids leave full time education that i will have a drop in income, but by then the mortgage will have been paid off so it should balance things out. as to him finding somewhere to live at present he is living with his parents but i suppose he has the option to move in with the woman that he left me for where they will both be working.

Bloomin Freezing2 thank you for your comments as i said i dont want to involve the csa i would rather sort it out together this is not money for me but for his kids. who he hasnt given a single penny to since he left not even pocket money.

pinkpig08 since the children found out about the other person they dont want to see him has he tried to talk to them no. he has thrown his dummy out of the pram as they didnt approve of what he has done. he basically has told them if thats how you feel have a good life. as to his parents they never wanted me in their family we have been together over 22 years and since the split they have broken all contact with me and havent even tried to contact the kids as when it all came out in the open to protect thier son they tried to get our eldest child to lie to me as to where dad was the night before. as he left child with his parents while he went to see his gf. that was the 1st time child had stayed over with him since the split. so far the kids have lost their dad and it looks their only living grandparents. all in the name of protecting him.

grey_lady i have to agree with you to me 25% of net income is just that and as his overtime is included in his wages then that is what it is based on.

i never wanted any of this like a lot of people i thought i was married for life it is him that is turning this petty by throwing his dummy out of the pram whenever he dont get his own way. ive lost my best friend and i miss that. but hey ho thats life. lol

So assuming he gets 6 weeks annual leave and 2 weeks sick, deduct that from the the projected overtime. The csa will ask for the last 2 months (or 5 weeks is weekly paid) payslips and base the calculations for the next 12 months on that average.
He is not wise to move in with his new GF as the csa will want to know her income too
I'm not sure why you don't want to involve the csa, it is of benefit to both parties.
Looking more at the post it seems the actions of child support are being brought about for spite more than it's real intention.
It looks clear that the ex wants little to no involvement with you due to bullying though.

liney

http://www.csa.gov.uk/en/PDF/leaflets/old/CSA2034.pdf

Yes, it seems that overtime is included.

Loopy_Girl

If the overtime is a regular occurance (which it looks like it is sans sickness and holidays) then the CSA would include this in their assessment.

You are legally entitled to claim for child support and it doesn't really matter if people call you names - as a PWC you get used to being perceived by a small minority as money grabbing, bitter, twisted blah blah blah. They usually congregate as a group of schoolboys on the child support board and have competitions as to who can come up with the best 'put-down';):rotfl::rotfl:

It's up to you - you either involve the CSA and the assessment will be made for the 8 hours OR you come to a private arrangement knowing the you will not receive the 25% of the overtime.

Loopy_Girl

DUTR wrote: »

He is not wise to move in with his new GF as the csa will want to know her income too

Which she is under no obligation to give and if he did move in with her he could continue with the 25% from his pay packet.

Which you are well aware of.

rachbc

CSA do not take into account new partners income - wish they did my ex's new wife is a dr (btw that was joke - I absoultely would not want or take her money, she's not responsible for my child)

DUTR

Loopy_Girl wrote: »

If the overtime is a regular occurance (which it looks like it is sans sickness and holidays) then the CSA would include this in their assessment.

You are legally entitled to claim for child support and it doesn't really matter if people call you names -

It's up to you - you either involve the CSA and the assessment will be made for the 8 hours OR you come to a private arrangement knowing the you will not receive the 25% of the overtime.

I agree, and I just wonder why the OP does not want to contact the CSA .

Loopy_Girl

DUTR wrote: »

I agree, and I just wonder why the OP does not want to contact the CSA .

Some people don't as they have heard many horror stories.

It's not complulsory to involve them and she doesn't have to if she doesn't want to.

Loopy_Girl

rachbc wrote: »

CSA do not take into account new partners income - wish they did my ex's new wife is a dr (btw that was joke - I absoultely would not want or take her money, she's not responsible for my child)

No they don't but what they can do is ask for a new partners income and it it only used to assess if the NRP can pay the obligation. No money is ever actually taken from them and the NRPP can refuse and there is no legal obligation for them to furnish the CSA with it.

DUTR

Loopy_Girl wrote: »

Some people don't as they have heard many horror stories.

It's not complulsory to involve them and she doesn't have to if she doesn't want to.

Yes I have heard some of those horror stories too, the OP needs to decide which is the lesser of the two evils, as by the sounds of it that is the only way the dispute will be resolved in the shortest possible time.
It is clear that the NRP is not happy to willingly contribute a portion of the overtime and via the csa he will have little choice, the longer the OP leaves it though, the longer they are without contribution to the good cause