How should we work out maintenance?

Jet

Slightly complicated set up so not sure how to correctly work out maintenance.

Dp has four kids, I have one, we have none together.

Dsd1 lives with her mum mostly but stays with us about 125 nights per year.

Dsd2 lives with us and is currently having no overnight stays at her mums.

Dss lives at his mums and is currently spending no overnights with us.

Dsd3 lives with mum and stays with us 125 nights per year as dsd1.

My ds lives with us full time also.

There have been a number of changes over the last few months and we understand dp ex should be paying maintenance for dsd2 but dp also hasn't increased his maintenance for dss since he stopped staying overnight at ours.

Although we have been living together for over two years dp has never reduced his maintenance on account of ds living with us, so perhaps now is the time to look at this too. We met 4 years ago.

Relationship between dp and his ex is awful and after nearly seven years, they're now only communicating through court.

We can't claim tax credits (dp and i earn too much) whereas his ex doesn't work.

BitterAndTwisted

Leave things as they are unless you'd like WWIII to break out again.

What's you partner's view on all this?

Sparklebabey

As a rough guide, what percentage of his take home pay would you say was being paid in maintenance?

I think this could be a starting guide as, as you say, it's not a straightforward 'CSA calculation'.

Fire_Fox

I don't understand where you and your son come into it since you don't have any children with your partner? He should pay maintenance as per the CSA rules, you don't pay anything.

FatVonD

DSD2 and DSS cancel each other out which leaves 2 children visiting 125 nights (or roughly 2.5 nights per week.) So 20% of take home pay, divide by 7 and take off 2.5 days worth (or divide by 14 and multiply bay 9 if that's easier and that will give you what's left to pay.)

findingmyownway

As far as I can see, SD2 and SS cancel each other out. So put the other 2 children into the CSA calculator, taking into account their overnight stays with you, and from your OH's salary it will calculate an amount (prob around 20% net pay minus 1/3rd for the overnights).

Your son has nothing to do with it, his maintainence comes from his Dad.

Sparklebabey

findingmyownway wrote: »

Your son has nothing to do with it, his maintainence comes from his Dad.

Not strictly true.

Under CSA guidelines, the OP's husband would be entitled to a 15% reduction as there is a dependant child in the house. The biology doesn't matter...the CSA give a reduction.

Bluemeanie_2

Sparklebabey wrote: »

Not strictly true.

Under CSA guidelines, the OP's husband would be entitled to a 15% reduction as there is a dependant child in the house. The biology doesn't matter...the CSA give a reduction.

Was just about to write that!

Jet

As I say, we have never taken my DS into account but we are aware that we could do. I have always paid for my DS myself anyway. Both DP and work full time and always have done.

DP ex is saying that she doesn't want to "disregard" the two children who don't see the other parent. But wants DP to pay the same as he always has done but she contributes £5 per week, whilst of course, still expecting DP and I to pay for trips, clothes, phones, school equipment etc. for all 4 children.

Am I right in thinking that the CSA can take into account her tax credits (both working and child) and she can be made to pay 15% (less any overnights and reductions for the other 3 children living with her) of those to us to help support her daughter?

lazer

Jet wrote: »

As I say, we have never taken my DS into account but we are aware that we could do. I have always paid for my DS myself anyway. Both DP and work full time and always have done.

DP ex is saying that she doesn't want to "disregard" the two children who don't see the other parent. But wants DP to pay the same as he always has done but she contributes £5 per week, whilst of course, still expecting DP and I to pay for trips, clothes, phones, school equipment etc. for all 4 children.

Am I right in thinking that the CSA can take into account her tax credits (both working and child) and she can be made to pay 15% (less any overnights and reductions for the other 3 children living with her) of those to us to help support her daughter?

Yes thats correct, technically she owes you maintenance for the child living with you. - which is based n her income - including tax credits I think so i think you would be entitled to 15% of 75% of her income (25% disregarded for the 3 children she has at home)

Your husband needs to pay her 20% of 80% of his income (20% disregarded for the 2 children living with you), however there is then the over night reductions, and I am unsure how this would be calculated, as the different children stay a different number of nights. I assume it would be 250 days out of 1095 which would equate to 1/7th reduction, or it could be 125/365 as that as when you have any of the children which would then be 2/7th deduction.

Good luck with the complicated calculation