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  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Krissy227 said:
    Hi there, hoping someone can advise. 
    My ex tells me how much he is paying me for his son. 
    He started @ 75 a week, then 65 a week. Now says he is paying 54 a week as this is what he calculates on csa.
    I feel like he is paying the bare minimum he can.
    Would he be willing to contribute more if he paid the extra directly for stuff like a club subscription or school uniform?

  • In the absence of evidence and disputed no of nights cms assume 1 to 2 nights per week ie 1/7 reduction. They could take 40k savong into account if those savings are not from already assessed income. If he has saved from income on which cm has already been paid then it is not eligible for assessment. If from other sources assets over 31250 can be assessed at a punitive 8% income rate or more if they generate that. 8% of 40k is 3200. Assuming 1 child 12 % of 3200 is 384 or 7.38 per week. 6/7 is £6.32 per week from that money.

    But such an assessment must be fair and equitable. He could argue  that coming after his house deposit, which would also affect the child is unfair. As a person's property they live in is not an asset for assessment this argument might win. Also if he reduces the asset to 31250 there is no liability. 

    How essential is 329 per year to the children v the hassle of a tribunal which is what would be needed and depriving the paying parent and your child when they stay with the parent of a house of their own?
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