Child now living with me

Pinkwho79

Hi - first post so forgive any newbie errors

Just after some points of view ( hopefully rooted in fact or experience as opposed speculation)

Had a private arrangement since 2013 with CSA case closed back then so everything is SO direct - Always had regular shared access for 2 children.
However for the last year now 1 child has pretty much lived with me ... out of a year he has been at the (alleged) PWC's house overnight around 60-70 times and has now stated he is moving in with me full time - payments have been at the agreed rate throughout with no attempt to reduce as I never wanted to link any monetary reason as to the lad spending more time staying over ( always unbiased and encouraged him actually going to say hello and stay ) nor would I be looking to chase any retrospective amends
On top of the agreed rate that goes in PWC pocket - i pay for and give plenty of extra pennies to help him buy ...
The 2nd child - much loved daughter - is with us 3 nights a week every week - and I have no intention of looking for alterations on what is due on private arrangement for her -

My query is around the CSA for the lad - after a year and with him now staying full time with me I think CSA should stop & also CB should switch ( this would go straight in his pocket btw) - has anyone been through a similar situ or provide insight / experience they have had

In case it's req'd info - no the ability to have a brief convo on the subject with the ex is not at all possible - which is why I'm looking for info so I can be brief to the point and correct !! And I wouldn't be expecting or asking for any contribution from them ... Quite happy to pay for him out of my own pocket

HoneyNutLoop

If you stop paying, do you think it is likely the other parent will put in an application to CMS? If yes, then my recommendation would be to get the child benefit switched over first.

CMS will initially presume that whoever child benefit is in payment to for the child is the PWC. While you can challenge the decision/application you would need strong independent evidence showing you are the PWC for them to decide contrary to the child benefit indicator, if the other parent still claims they are the primary carer. A recent court order would do, or documents from social services confirming the child is now with you. If you don't have that type of evidence, they will likely use the child benefit indicator. (Likely though by no means a certainty - I'm sure there will be odd cases when they haven't, but they would be the minority).

So, start by putting in a rival claim for child benefit and go from there.

eve31

I agree put a rival claim in for child benefit. It's only right if your son lives with you.

This should cancel out the need to pay maintenance for your daughter as you both have a child living with you each.

Good luck.

HoneyNutLoop

eve31 wrote: »

This should cancel out the need to pay maintenance for your daughter as you both have a child living with you each.

Whilst this may seem the common sense stance, it isn't legally accurate. Each parent can legally claim maintenance from the other, and the amounts they each need to pay could be wildly different. He may have to pay £300 a month for his daughter and she may only have to pay £20 a month for her son, or vice versa. It depends on their respective incomes and circumstances.

whitewing

Is there a danger that the PWC will put pressure on your son to stay at theirs more, especially if it results in no maintenance being paid at all (if you have a child each)?

Or even them moving further away?

It is one thing having an informal arrangement where DS stays with you but 'lives' with mum(?). It's quite another to have him officially living with you - mum may well feel that she is not up for being judged about it.