My son wants to move in with me

manamaga

I have a 16 year old son for whom I have been paying the CSA by means of a attachment of earnings (the payment come off my salary). However, he recently decided that he wants to move in with me. We are currently giving it a trial for a week to make sure that he knows that's what he wants (we know what teenagers are like for changing their minds!). If he does definitely decide he wants to live with me, how do I stand with the CSA payments? I presume I will no longer pay and my ex partner will become the 'absent' parent and she will have to begin payments to me? I just wanted some carification on this if possible please. I have searched on Google but I seem to be getting child law in the USA. Many thanks.

nicky3

Apply for child benefit and make moves to get him registered with a local doctor etc.

I had a year of complete and utter grief after my 16 y/o son moved (170 miles) to live with me as the other parent continued to claim child benefit and maintain a claim for child support....so I know how badly this scenario can go, mine was extreme!

In the end up, child benefit was paid to the other parent for 10 weeks after the child relocated and I stopped paying child support on the date that he actually moved, but I had to achieve that on appeal as the CSA insisted I must pay, despite knowing that the child was in my care. (other parent had said so but had declared it was temporary)

Any problems, please give me a shout and I will be most interested to hear how your case pans out, please let us know

nicky3

Forgot to mention... phone the CSA now, tell them he has moved and give them the date he came to stay. If he continues to live with you, your liability is OVER, do not let them tell you otherwise! Get online and make your child benefit claim as well...if the other parent does not concede it.....""the person with the existing award has priority up to and including the third week following the week in which the rival claim is made"

manamaga

Thanks for that, so just to confirm in short. I stop paying CSA, I make a claim with the CSA and ex partner should pay me. I also make a claim for child benefit. Is this right?

Caz3121

do the child benefit first, it can take up to 12 weeks to swap over

nicky3

Yes, ring the CSA now tell them the facts re residency, state that you want to make a claim (I would back this up in writing, but it is effective as soon as you tell them) and make your child benefit claim ASAP (can do online)

Child benefit took about 29 weeks to swap over in my case!

Do you anticipate problems from the other parent?

nicky3

Be prepared however....if the child moves back within 13 weeks (not written in legislation but is the time period used by CSA as a general rule of thumb as it is just longer than the summer break) you will be held liable for the child support.

manamaga

I dont anticipate any problems from my ex partner, however, my son is a teenager! Which is why we are letting him stop for a week or two frist in order for him to be sure before he makes his descision.

nicky3

cool...make the moves though, then see how it pans out, if he stays with you you have covered the bases, if he moves back, you just drop your claim for CB and let the CSA know that it didn't work out.

PreludeForTimeFeelers

nicky3 wrote: »

Yes, ring the CSA now tell them the facts re residency, state that you want to make a claim (I would back this up in writing, but it is effective as soon as you tell them) and make your child benefit claim ASAP (can do online)

Child benefit took about 29 weeks to swap over in my case!

Do you anticipate problems from the other parent?

As this will be a counter-claim it won't be effective until the existing case closes. This will all depend on whether the PWC disputes the case closure or not - by the sounds of things this is currently a one-week trial, so no-one really knows how it will pan out just yet.

nicky3

PreludeForTimeFeelers wrote: »

As this will be a counter-claim it won't be effective until the existing case closes. This will all depend on whether the PWC disputes the case closure or not - by the sounds of things this is currently a one-week trial, so no-one really knows how it will pan out just yet.

BUT if the OP does not stake his claim now and the child stays permanently, the OP could end up paying, when in fact he may already be the PWC. He has to make it known that he is claiming from the beginning of the residency. If he waited for CB and CSA to work it all out, it could take a year, as it did in my case. The ICE was keen to know if I had staked my claim at the onset...I HADN't, because I believed that I COULD't, but actually, it turns out that it would have made a difference if I had.