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Why do I have to pay the CSA when i have 50/50 care of my daughter ?

January 10, 2012

In December 2011 i finally after 5 visits to Court won 50/50 care of my daughter. My ex-wife left it 12 months (apparently a CSA requirement) and then applied to get payments through the CSA from me, despite me providing for my daughter when she is with me half of the time.

Apparently she can do this because of a loophole, because she is in receipt of the child benefit payments. In hindsight i was too generous, and because my ex-wife does not work (a lifestyle decision on her part) I let her have the child benefit, as i work full time.

Technically I have my daughter 51% of the time, as I take her for a 2 week summer holiday each year. My ex-wife does not take her on any holidays, expecting me to do all of this. I should also add that my ex-wife is presently being investigated for benefit fraud, but again the CSA are not interested in this either.

Written by Andy Lutwyche · Filed Under CSA Advice 

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Comments

  • Mick says:
    January 11, 2012 at 12:17 am

    You have answered your own question there. Its because you work and your ex doesnt that you are required to pay for your daughter when is not resident with you. Although your ex may well be in receipt of child tax credit as well as child benefit for your daughter because of not being in any kind of employment currently, you still have a legal and moral obligation to provide for your child. She still has to eat or be sent to school after all. I am not sticking up for your ex here by any means. I am a NRP myself and paid for my daughter until she came of age via the CSA. Thats just the way it is. You could try to get maintenance from your ex for when your child is with you i suppose. As your ex is unemployed you will be lucky if you got a fiver a week back from her benefits to you, which is the maximum the CSA could take from her, if anything at all. As you have already stated you have 50/50 care of your child you might be lucky if you even got £2.50 a week back. Is it worth the hassle??? Maybe you should have gone for full custody if you are not happy with this arrangement. And that, you will find is a lot easier said than done and could work out very costly for you and by no means guaranteed. Your ex has rights just as much as you do. Just be thankful you and your ex are amicable over the care of your child now. Its your childs welfare that matters more than anything else after all being said and done isnt it? There are many PWCs and NRPs in here whose kids get easily forgotten about. Be thankful yours isnt one of them.

  • Mick says:
    January 11, 2012 at 3:52 pm

    One thing i didnt add above. As you have 50/50 responsibility for your child. If and when she does start to work, you would be within your rights to claim maintenance from her salary for the time your child is with you. Or failing that you could both agree that neither of you should pay any further maintenance to each other and cut the CSA out of the equation completely. At least what ever maintenance you are required to pay should be 50% less then it would be if you hadnt got joint custody of your child. Which gives you more available cash to spend when your child is with you. Just trying to look at the positives here….

  • chall says:
    January 11, 2012 at 7:38 pm

    At present, the OP counter claim for child support through the agency would fail as the PWC receives the child benefit.

    If the Andy’s claim commenced after 03/03/03, with shared care of 175 nights or more their maintenance liability, on basic or reduced rate, would be halved and an additional decrease of £7 must also be applied.

    chall ~ afairercsaforall

  • Mike says:
    January 13, 2012 at 12:48 pm

    The law is to change regarding 50/50 in a few months so no liability will be due by either parents

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