CSA Advice

tonto7

HI all, i am looking for some help regarding the CSA. I will try and keep it as simple as i can, thanks in advance for any replies!

I have just had a court hearing regarding thecustody of my daughter. I presently work offshore on a 5 week rota. 2 weeks on and 3 weeks off.

It has been agreed that she will have her for the 2 wks im away (my parents having her 1 day per wk) and i will have her 5 days of everyweek that im home, 15/21 days.

I have been bringing my daughter up since October when the ex tried to commit suicide, when im away my parents had my little girl. Firstly i never knew about child tax credits. I never received a penny. It all went to the ex, even though she wasnt looking after the little un. Am i eligible for a backdated claim?

When she was well, she had her when i was away and i had her for my full time off. Ive always paid (via bank transfer so it can be traced) her when she needed something, the agreement worked. I am also paying nursery fees for my girl. (The mother doesnt work).

Ive used the CSA calculator but it doesnt seem to take into account that we are "sharing" my daughter, albeit a couple of days every 5 weeks in her favour.

I also have credit card debt from the marriage that i am now putting on to a loan and debts on sofas that she has kept. Will any of this be considered, as well as the nursery?

Will i have to pay anything? I am prepared too but it seems unfair.

YTD i have also had my daughter stay over night with me 58 nights to her 9. Will any of this be considered or will it all be from the date the CSA are contacted.

Thanks again for reading, i hope it makes sense.

shoe*diva79

If you have your daughter more then hr mother then can you claim the Child Benefit as that is how the CSA determine who pays. If your ex receives it then you will be eligible to pay her cm. It is reduced for the nights you have your daughter but nursery fees, debt etc wont be taken into consideration.

tonto7

Thanks for the prompt reply.

I work on a 5 wk rota where she has her 20 days to my 15 so she does have her slightly more. SO im guessing i'll have to pay something. But will they consider the ytd figues (58/9) or will it be from point of contact with them?

Ive heard mixed things regarding debt that ive taken on from our marriage. Some say yes and some say no. I guess i'll find out soon!

In regards to CB, she continued to receive the benefits while i was looking after her. I was unaware of this, would i be able to file for a backdated claim to put it aside for my daughter?

Thanks again, sorry if im disturbing your tea

shoe*diva79

No, nothing will be backdated, your case will start from when you or her contact them to open a case. They wont take your debt into consideration. It will be a straight % of your salary with a deduction for overnight stays. You can see roughly what you would pay by doing their online calculator.

Very doubtful you can put a backdated claim in - really the only thing you can do is report her for benefit fraud. You really want to go down that road...

bll78

The simple answer to me is to stop paying the nursery fee's. CSA is to be used to provide financially for your child. Therefore you'll still be contributing but you need to let your ex pay it through the payments your giving her under CSA, or you'll get hit twice.
My feeling is with you having having the child 42% of the time, your payments will be quite low, therefore you may be worth talking to the ex and offering to continue paying the Nursery fees in return for her stopping the CSA claim.She'll probably find it's financially better for her, and you have the security of knowing your daughter will stay in the nursery she's used to and the fee's will get paid.
Also it may be worth pointing out to her that for Universal Credit (once she goes on them it depends where you live when the date is) every pound you give her will be taken off her benefits so she won't be a penny better off, and then will have to find the Nursery payment anyway.
Good luck

HoneyNutLoop

bll78 wrote: »

Also it may be worth pointing out to her that for Universal Credit (once she goes on them it depends where you live when the date is) every pound you give her will be taken off her benefits so she won't be a penny better off, and then will have to find the Nursery payment anyway.
Good luck

This is incorrect. Child maintenance payments will not effect a claim for universal credit. Reference: http://www.gingerbread.org.uk/content/913/Whats-changing

As this would be a new application, it will be under the 2012 scheme through CMS. The claim would start from the date they send you a provisional calculation of the amount you should pay, + 2 days. They would source your gross income directly from HMRC for your last full tax year (P60 info effectively) and will only take account of the agreed pattern of care for the forthcoming 12 months after the application was made. They would not take account of the credit card debt or nursery fees, but may take account of the sofa payment if the repayment is more than £10 a week.

If your gross taxable pay minus pension contributions was £25k a year and you were going to have care of your daughter for more than 175 nights a year then you would pay approx £22.50 a week child maintenance. If you had your daughter between 156 and 174 nights a year, you would pay approx. £32.90 a week maintenance.