Overnight Contact CSA

amartin1908

Ok so my partner has a scatty ex wife. He was paying over the odds and when he reduced her money she contacted the CSA. She is now getting even less than he had been giving her.
(only £20 a month less
) At that time he had the kids 1 night each week plus the odd holidays.
She then started getting funny and got a solicitor involved. She offered him overnight contact every 2 weeks for 2 nights instead of 1 per week. He accepted but now the CSA have written stating that she has said the situatiom has changed and he not paying enough.
I thought it was at least 52 nights per year, but their website says at least one night per week (minimum 52 nights per year) Does it count that he is still having them at least 52 nights a year just not on a weekly basis? Or is he going to get hammered for more money?

shell_542

The overnights should even out. It isn't judged weekly, it's yearly. He should just reply stating that the only change in situation is the schedule of overnights however the amount of overnights in a year remain the same. Unfortunately if she lies and says he's having less overnights than he is, they tend to take the Parent With Care's word for it and he'll have a fight on his hands to get it corrected. Hopefully she won't though.

amartin1908

shell_542 wrote: »

The overnights should even out. It isn't judged weekly, it's yearly. He should just reply stating that the only change in situation is the schedule of overnights however the amount of overnights in a year remain the same. Unfortunately if she lies and says he's having less overnights than he is, they tend to take the Parent With Care's word for it and he'll have a fight on his hands to get it corrected. Hopefully she won't though.

Well he has the solicitors letters stating her offer of 2 nights per fortnight, and his acceptance together with her confirmation of his acceptance, so I guess she is screwed!

Yippee

shell_542

Again, the CSA have been known to disregard even court orders stating the amount of overnights in favour of taking the PWC's word for it. Just so you're prepared.

kelloggs36

the reason for that is because lots of court orders don't happen in reality - what should happen doesn't always, so they ask what is happening rather than what should.

missbunbury

Start keeping a diary of overnight care which you can then present as evidence if the parent with care is saying there's less. Keep it religiously and also hang on to anything else that would prove the child was with you. In the diary, write briefly what you've done, where you've been relating to the child, for example "picked up @ 5pm, went to Pizza Hut on the way home" preferably accompanied by a Pizza Hut receipt. Sounds like overdoing it I know but if there's a disagreement between both parents over shared care, both are asked to provide evidence to back up their statement and to be honest a contact agreement is not as strong as you might think - the other party can simply say you haven't stuck to it. The CSA cannot take evidence from the child itself, and statements signed by witnesses usually carry little weight.

On the other hand, bear in mind that 2 nights per fortnight is only 52 nights per year if there is literally no occasion on which the child does not come to you. Remember to add in extra nights if you take the child away for a holiday or whatever. Be aware that what will happen in the future is of little relevance and they will usually look at a full 52 week period to make a decision, although you can argue with them that they should take into consideration a recently established pattern in some circumstances. So the key factor is what has been the case over the past 52 weeks.

Empty_pockets

This is why I avoid the CSA. These threads just show how corrupt they are.