Newcomer needs advice!

Jo_R_2

Hello

Not had to post on here but was curious about my situation so thought I'd ask...

I have care of two DDs, aged 1 and 3. Their father sees them twice a week and has them to stay 1/2 nights on alternate weeks. He was a full-time student up til June this year, and has since been looking for work, whilst continuing to work at his part-time job. His rota hours are 14, but I know recently he has been working more. I work 30 hours a week, and I receive a small amount of HB, CTB, and also receive WTC, CTC and have childcare costs paid.

His fiancee has recently started work full-time, and he has interviews for full-time positions this week. Now, as far as I understand, my claim lies solely with him, but if I went through the CSA, with his rota hours meaning he earns about £400 a month, I wouldn't get anything. However with him earning more with overtime, would I be entitled to and would it be worth it just on this basis?

And when they get married next year, will that affect a potential claim, ie would a claim be assessed still on his income or on their joint income?

Also, if we chose to make a private arrangement, for two children, is it 20%, and is it of his gross or net income? And what is the best way to make it formal?

Sorry for all the Qs, any help is much appreciated!

NAR

1. Unless there is a lot of additional income from overtime, and it is regular, then probably no.
2. His income only is counted.
3. Nett income is used for calculation.

kelloggs36

If his net income is less than £100 per week then he will be assessed at fiver per week. Between £100 and £200 per week it will be a fiver plus a % of the difference between the £100 and £200. HIs partner's income is always ignored.

Jo_R_2

Thanks guys, that's really helpful. I guess the thing I'm not sure about is when he starts work, whether to go through CSA or make a private arrangement? Things are amicable between us so a private arrangement is a possibility, I'm just not sure what the benefits are of potentially going through CSA? I mean, I'm not on income support so it's not something that would have to happen anyway, I'm just exploring options.

kelloggs36

I would only go to CSA when a private agreement is out of the question ie he won't negotiate at all and refuses to pay. YOu can start by using the CSA calculator to begin your negotiations.

Strapped

I'd agree with Kelloggs. Don't involve the CSA unless you have to or you will never have control of your finances!

NAR

I also agree, especially as I think it will help on the two of you remaining on good terms. Strangers (CSA) interfering tends to cause bad feeling. (Stupid I know, but true). If he is stupid enough to default or try to move the goalposts without your agreement you always have the CSA to resort to if need be. Good luck.

macaroni

I too agree re keeping it a private agreement.

Does he pay anything at the moment?

I would start discussions with him now about the level of child support he is expecting to give when hes in full time employment. Just dont use the CSA as a threat unless you really have to. Use their 20% rule as a guide not as a definitive. Also, consider how much he hasthem to stay and what he already buys them . Look at any extra money as a bonus.

Jo_R_2

macaroni wrote: »

I too agree re keeping it a private agreement.

Does he pay anything at the moment?

I would start discussions with him now about the level of child support he is expecting to give when hes in full time employment. Just dont use the CSA as a threat unless you really have to. Use their 20% rule as a guide not as a definitive. Also, consider how much he hasthem to stay and what he already buys them . Look at any extra money as a bonus.

This is what I was thinking about doing macaroni. I haven't mentioned CSA at all, it's not something that has ever come up.

At the mo he doesn't pay anything. He has given me an amount of money not long after he moved out but said afterwards he couldn't afford it on a regular basis as he was as he was only working part-time and then both him and his OH were full-time students. Since then they've both been looking for work having finished their uni courses, and he's been having interviews recently.

At the mo he has them one night one week then two nights the next weeks, and this alternates. He has proposed a new arrangement which we are going to see if it works better for the girls, whereby he has them Fri evening-Monday morning every other weekend which I believe works out the same amount of nights a year (I think?) but will mean he has them more as in spending more 'day'time with them as well.

Him and his OH buy them bits and bobs such as items of clothing and toys and books, but don't contribute as such to things such as preschool or nursery trips. I pay for everything on the whole because I receive the CB and get nursery fees paid through WTC/CTC.

From what I remember, if I should get any maintenance then I will need to notify HB and CTB. Will I also need to notify HMRC re: tax credits at all?

enemes

Hi

Although a private agreement is the "ideal" solution, unfortunately, we don't live in an ideal world ... hence why were are all on this board.

I can't understand though, how you will be able to propose the 20% rule, when you have no idea what he is going to earn, when he finds work.

Also, consider, that he may not be in the area forever either, then how do you collect his payments ... it would be easy to disappear.

Things might be amicable at the moment, but a lot of issues may arise in the future. His GF at the moment may be ok with the idea of him paying now, but what will her attitude be if they ever have kids. Who's to say, he wont move on into another relationship in the future, to someone who doesn't like your arrangement.

I reckon in the interest of all, the best thing would be to amicably aggree that the CSA is the best route. In that way, you have a formal agreement, and should things change dramatically in the future, you will at least have the framework of the CSA to lean on.

Good Luck

kelloggs36

Actually if you get any money for maintenance which is NOT through the CSA you will have to notify tax credits as it is counted - but not if it is CSA. Whatever money you get f you are on housing benefit and/or council tax benefit also counts regardless.