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Split - CSA / Mortgage

edited 20 January at 11:44AM in Child Support
9 replies 747 views
GregStarzGregStarz Forumite
17 posts
10 Posts
edited 20 January at 11:44AM in Child Support
Hi all,


I need a little help if possible, so I see my two girls Wednesday from school pick up (where i finish work early) to Monday school drop off (then i go to work) and then again 3pm Saturday till Monday school drop off again.


So, the ex had an affair with her work collegue who was also my friend, i kicked her out to her parents but a year later im now at my parents (as they're on holiday) and she's back at the home (which is on the market for sale)


In this time I've sent her money for kids stuff, clubs etc and also spent a lot on them each month by taking them clothes shopping etc)


I still pay half the mortgage but she's just informed me that she's contacted CSA for maintenance fees, where do I stand on this as I still have to drive here there and everywhere to collect them, I still have to do their dinners, school packed lunches and everything, what do I have to pay for and what don't I? Also do I still have to pay this even though I'm paying 50% of the mortgage even though I'm not even living there?


I've said to her we're better off sorting this seperatly and she agrees but she said lets see what the letter says first so we can do what's exactly right!?


Shall I just move back? :rotfl:


ps - i've done the calculator and apparently I'm due to pay just under £200 a month

Replies

  • jjj1980jjj1980 Forumite
    567 posts
    Ninth Anniversary 500 Posts Combo Breaker
    ✭✭
    The mortgage is completely separate from the child support assessment. If the mortgage is in joint names, you and the ex will be held jointly and individually liable for the debt by the lender regardless of any private agreements you have.

    You would need to discuss with CMS regarding the amount of contact you have and any large costs regarding travel to and from contact. Any purchases you make for them and costs incurred whilst they are with you will not usually be taken into account. The only thing you can really do is wait for the letter from CMS and then call them to discuss any possible reductions to the calculation.
  • BAFEBAFE Forumite
    236 posts
    Tenth Anniversary 100 Posts
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    You don't have to pay the mortgage, no. Obviously though that will affect your credit rating going forward.

    The CMS amount is the minimum you should pay. You can always pay more.

    as I still have to drive here there and everywhere to collect them,

    This is just a normal part of being a parent i'm afraid!
  • SambellaSambella Forumite
    417 posts
    I've helped Parliament
    If I am reading what you wrote correctly you have your children Wednesday to Monday 1 week and Saturday & Sunday night the following week?

    If so you have them 7 nights out of 14 and that’s 50% shared care and therefore CMS should not need to be be paid.
  • GregStarzGregStarz Forumite
    17 posts
    10 Posts
    Sorry, no I have them every Wednesday morning till Thursday school drop off and then every Saturday through till Monday school drop off.


    I just find it a little crazy that I have to send her £200 a month when I have them the above amount per week, haev to cover their breakfasts, lunches, dinners and of course packed lunches and travel here and there, whilst getting nothing yet she will get £200 from me along with the child benefit of around £160 a month as well.


    Am I missing something here? I get i have to pay for them but seems so one sided?
  • Caz3121Caz3121 Forumite
    13.8K posts
    Part of the Furniture 10,000 Posts
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    If you have them 3 nights per week (Wed, Sat and Sun) then the calculation of maintenance should include a 3/7ths reduction
  • wild1886wild1886 Forumite
    1 posts
    First Post
    MoneySaving Newbie
    I am currently dealing with the Child Maintenamce Service absolute joke of an organisation. I have written a letter of complaint, written to my local MP and started a petition to reform the evil organisation that is CMS.
  • GregStarzGregStarz Forumite
    17 posts
    10 Posts
    I'm still trying to get my head around it
    * She works full time and earns alot more than me
    * She is getting £82 per child a month
    * She has them 4 nights a week I have them 3
    * She will be getting over £200 from me on top of the above yet I get nothing I still have to take them to and from school (fuel, breakfasts, packed lunches for school, dinners) etc yet I get nothing to help me!

    Am I missing something here, it just all seems massively one sided?
  • ZaSa1418ZaSa1418 Forumite
    198 posts
    100 Posts Name Dropper

    Her income is irrelevant but it is pretty rubbish.
    The only suggestion i have is to increase your contact every other weekend and collect them on a Friday rather than the Saturday and that way you will have them 7 nights out of 14 and then you can get some financial help.

    LBM Debt Total : £48,326.50
    June : £45,762.32
    July : £42,149.91 
    August : £40,965.11
  • Caz3121Caz3121 Forumite
    13.8K posts
    Part of the Furniture 10,000 Posts
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    the system will only provide benefits to one parent
    as suggested, if you even up to 7 nights a fortnight each then you could possibly claim for one child each. Is your ex likely to agree to that?
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