Ex is claiming zero income so I have to make up the rest despite shared custody

September 1, 2017

My son mother has taken up an apprenticeship at a local tattoo shop. She claims she is only making $430 a month and pays $340 a month for child care. We have shared custody 50/50 week on week off. My child support has raised by double the amount each week. How is it that she can claim 0 income as a parent and the state requires that I make up for her loss in income. I work 40 hrs a week, supply food, house,clothes everything a parent should for their child. However the state is making it very difficulty on me as The father why?

Comments

2 Responses to “Ex is claiming zero income so I have to make up the rest despite shared custody”

  1. David on September 4th, 2017 3:44 pm

    Hi

    You should apply for a Variation/Supersession with the CSA/CMS (depends which organisation is dealing with the claim). They should take any special circumstances into account including the fact you have your son 50 per cent of the time. If you have a court order confirming this better still. Please be aware that the CSA/CMS will always take the word of the father over the mother. So your ex-partner is likely to lie and say you only see your son one day a week/month or whatever. Many women do this to get more money from non resident fathers/parents. So you need cogent evidence.

    You could even make your own claim for child maintenance against your ex-partner on the basis you have your child half the time. This really should result in a cancellation of your liability.

    One more thing. If you are paying child support as a result of an application to the Agency, you do not need to pay the child’s mother for anything else. What you buy for him, if you so chose, is entirely up to you.

    You can reach me at [email protected] if you wish to discuss matters further.

    Take care.

  2. David on September 4th, 2017 3:45 pm

    Sorry, I meant to say the CSA/CMS will always take the word of the mother over the father/non resident parent.

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