CSA for shared care

judi24

Looking for some advice please regarding and application for CSA for 1 child whilst me and father have shared care for secnd child.


Basically my son lives with me 50% of the time and his had the other 50% but my daughter lives with me all of the time (bar 2 weekends a month)


I had an arrangement as part of my divorce in 2008 that my ex paid £25 a week for each child - he stopped this as soon as the shared care arrangement started in April this year saying he shouldn't have to pay as he has my son half of the time.


I contacted CSA who wanted to check out whether I can claim for 1 child and not the other and what would happen to to child benefit in this circumstance. They also mentioned that he could potentially counterclaim against me for my son as he lives with his dad half the time! Is this true?


Am I best to just accept I will get nothing for my DD and leave well alone? I earn more than he does although he has a partner and I am single so joint income would be more than my income


any thoughts would be appreciated

FBaby

Shared care arrangement, when they are exactly 50/50 are difficult. To start with, the decision will be based on who claims child benefit for the child is question, however, this can still be contested. It then comes down to things like the child's GP being closer to one parent or the other, who is the main contact at school etc...

The two scenario are:
- It is decided your eldest lives with you, you can claim for both, but the payment for your eldest will be reduced and worked on the basis of him being at his dad 3 days a week.
- It is decided that your eldest lives with his dad. You can claim for your youngest on a 7/7 days or 6/7 basis, your ex can claim from you on a 4/7 basis.

I have been reading your other thread, and I understand that your income is quite significant, at least compared to his, so in the case of the 2nd scenario, you are taking the risk that despite him due maintenance for your youngest at a higher rate, your income would mean that you are due to pay more on a 4/7 basis than him on a 6/7 or even 7/7 basis.

My decision would be based on how strong you can make a case that your eldest is more resident of your home than his dad, and try to calculate both case scenario.

peachyprice

judi24 wrote: »

They also mentioned that he could potentially counterclaim against me for my son as he lives with his dad half the time! Is this true?
d

Yes, it is.

Do the maths, would your claim for your daughter work out less than his counterclaim for your son? If yes, you'll be out of pocket financially but morally satisfied. If no, go for it.