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CSA advice forum » Child Support Agency

1. Amanda
   Member
   
   

   Hello,

   My brother has been divorced for over a year because his ex cheated on him and they still have not sorted out their financial agreement. They are due in court in Dec. Basically they share the 4 kids 50/50 and it works well. The mother is constantly asking for money and has opened a CSA variation 6 months ago because he is a director and holds shares. He constantly pays her extreamly large morgage every month so the kids can stay in the house while he rents. He pays their school lunch fees and extra lessons. He buys clothes and shoes when the kids are at his house and she does the same at hers. He is a fantastic father and would give them anything for his kids.

   She has a full time job and is well paid and her new partner moved in the house straight after he was kicked out. In theory he has been paying for her and her lover to live in his old home. After all this, she is still after more money.

   Can she get the csa involved even though its 50% childcare???? I have searched on the internet and their is no cases listed for 50% childcare and what to do or information. The CSA are not helping, only fighting her case. They originally lost the variation he applied for 6 months ago and are choosing to deal with hers first. Please help?

   Thanks

   Posted 1 year ago #

2. trisha
   Member
   
   

   Yes she can get the child support involved anytime trust me i know they never have anytime for the non resident.

   You say she works if she does not receive any tax credits then her income has to be included as her net income into her maintenance needed assessment.

   He can claim a reduction in his payments with regards to the child care situation. So long as he can prove that the children stay at his home over 2 nights per week and he can show them that he has their toys at his house and clothes, beds etc then he can claim this back from them in his assessment. This will effect her payments.

   If you really want to play then he can apply to the child benefit office telling them that he wants part of the child benefit on the grounds of the amount of money he is paying towards child maintenance. If he is giving her money for all these things then he should be protecting himself by getting a private arrangement drawn up between himself and his ex. Dont give her anymore money without it going through a bank account i.e. DD. this way you create a paper trail. and this will be prove all monies that have been paid to her for other things that might arise in the future.

   Tell your brother to stop giving her everything she wants. Inform the CSA that he is giving her all this money and that he wants a new assessment done on the grounds that he is already giving her money, clothes for the children etc. They will want proof hence the Direct Debit and paper trail.

   Good luck

   Posted 1 year ago #

3. jf003c2255
   Member
   
   

   my solicitor has told me that if you have 50/50 care and are recieving 50% of the child maintenance (e.g. in your case child benefit for 2 kids out of the 4) then you don't have to pay maintenance. I'm currently pursuing a shared care order through the courts as I want the kids half the time and I want equal parenting rights. Once that's established I guess its all about how you convince the other person (or the benefits people?) to give you the child benefit.....

   Posted 1 year ago #

4. adomskie
   Member
   
   

   always use any court order against csa should you get the shared care then she will have a problem but like other people say always use a standing order, start another bank account soley for the staning order

   Posted 1 year ago #

5. Indeego
   Member
   
   

   Okay there are a couple of things to consider here, first off she can only claim for those children she received child benefit for, so if this is spilt ie. 2 child benefits each she can only apply for 2, and on the reverse, as he has 2 child benefits then he can claim to her for 2 children. If he has no child benefit, then go to the benefits people and make a claim with reasons.
   Now if none of this occurs the payments made will be calculated based on net income, but there are variations to apply for, such as the payments to the mortgage for the house which will reduce the payments as will the number of nights they stay with him.
   Above ALL else he MUST keep a diary of when the children stay over night, as this is valuable when providing information regarding those nights when the CSA calculates such payments.
   In answer to your question about being able to claim in a 50/50 arrangement I spent 2 years with a court ordered arrangement like this 1 week at mine, 1 at hers, and had 1 child maintenance signed across to me, so she could have claimed on my wages for 1 child which would be at a reduced rate due to the nights with myself, but in return I could have claimed off her for 1 child but again with reduced nights.
   Unfortunately once the CSA are involved the only thing to do is to provide the information that will help reduce the current figure such as the mortgage payments, number of nights staying etc, and if not already obtained apply for half the child benefits due to having shared care, then if that comes through he can claim from her as well!!
   Needless to say without a court order for shared care it may be hard work to sort out the child benefit, I was fortunate that as part of my order she had to sign 1 of the benefits to me (that was after she refused to let me see my children at all for 14 months whilst the courts pondered on her now proven to be fabricated allegations). Sadly though now the children reside with her after they badgered me to apply for them to live with myself and new family as it was what they wished and don't get along with their mother, however, despite telling CAFCASS that directly, CAFCASS and the court decided they would be better with their mother, so now I have every other weekend and once again just started to content with the CSA!! (sorry my rant over).
   In all scenarios the best of luck for you.

   Posted 1 year ago #

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