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They made their calculations without asking about my outgoings

May 22, 2013

I recently split from my partner of 25 years, (10 married). She had been cheating and when found out left the marital home on my request. We have 4 children together of 19, 15, 14 and 5. Unfortunately, when she left she took the 5 year old with her, i am sure as a means of leverage against me and the benefit system.

I have recently been contacted on several occasions by the CSA. The outcome being an order to pay £50 a week to my wife. As she is in receipt of benefits, the maximum she is expected to pay for the other children is £5 per week. I have two children in education to look after and one who is not but is out of work. I pay all of the joint mortgage and other bills. I am struggling to the extent that i receive working tax credits. Yet the CSA determine that I have to pay £50 weekly.

They made their calculations without asking about my outgoings. The only questions they asked were regarding my salary. They say that the two cases are looked at separately but how can they be. The fact is I look after my 5 year old as often as her mother will allow. I am totally financially responsible for the home and the three other children. She only has one that she looks after, (about 75% of the time). I buy school uniform, clothes, shoes and anything else that is requested for her. I just do not hand over cash. I am a responsible parent and would never see my children short of anything.

This just does not seem fair to me.

Please give me opinions on how I should proceed.

Written by Paul2013 · Filed Under CSA Advice 

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Comments

  • derek miller says:
    May 22, 2013 at 10:04 am

    contact your MP asap. and ask to speak to a csa manager.

  • Alice says:
    May 24, 2013 at 10:08 am

    the cases will be looked at individually, and both will be assessed on the basis of how many children are living in the Parent With Care’s household, the Non Resident parent’s income, if there are children in the NRP’s household and if the NRP has overnight care of the child(ren) who live with the PWC, – the calculation will be a %age of your income (15% for 1 child, 20% for 2 and 25% for 3 or more children)

    in your case you will have 2 qualifying children (the 2 who are in f/t education) – your ex (the NRP) is on benefit it will be a flat rate £5 assessment – this would be reduced to £0 if either of the children stay overnight more than 52 nights per year with your ex

    in your ex’s case she has 1 QC and you are working so it will be assessed as a percentage of your income (this can include WTC and CTC as well as your wages) You also have 2 ROCs( Relevant Other Children) living in your household so you a percentage of your income will be disregarded

    the calculation would be as follows:

    income = wages WTC & CTC if applicable
    less 20% for the children living in your household
    multiplied by 15% for the QC
    less an allowance for shared care if you have the QC (your 5 year old child who lives with your ex) for more than 52 nights per year

    shared care is based on bandwidths – if you have your child overnight more than 52 but less than 104 you will be given a reduction of 1/7th of your Maintenance Calculation – 104 – 155 nights it will be 2/7ths etc

    the child who lives with you who is not in education will not be considered as a qualifying child, nor will they be considered as a Relevant Other Child –

    You need to ensure that the agency are aware of the ROCs in your household and the level of shared care you have of the QC – check your calculation to see that these are being factored in, if they are not you need to contact the CSA asap to request a re-assessment

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