Will my husbands earnings as well as mine will be used to calculate payments?

December 9, 2012

My ex husband has recently gone to the CSA to claim money for our son, who lives with him. I did not throw my son out, he wanted to live with his Dad, mostly because I have rules and at Dad’s he is free to do what he likes at 14 years.

I accepted it because at the end of the day I wanted my son to be happy. He still has a room at my house and can stay whenever, and does. Our daughter stayed with me and her step dad and is 16 now but still in full time education. I received barely any money for the two children for the previous 5 years before my son moved out and my ex chose to quit his job rather than pay me.

As I, along with my husband work I didn’t make an issue out of it for the sake of keeping the peace. I now work full time and the CSA rang to tell me he has put in a claim, I mentioned that I also have a child with me and was told ‘That is irrelevant to this case, put in a separate claim for her’, which I now have. I will probably get nothing as he’s on benefits and god knows what I will be expected to pay, though it will only be my son who loses out here as presently I buy him clothes and shoes, give him money quite often for bus fares and lunches. I also took out a mobile phone contract for him, which I pay every month.

Does not seem at all fair to me that I chose to work for a better life and the Ex expects me to pay for him to sit on his backside! Can anyone advise if my husbands earnings as well as mine will be used to calculate payments?

Comments

2 Responses to “Will my husbands earnings as well as mine will be used to calculate payments?”

  1. Alice on December 9th, 2012 7:37 pm

    your daughter is absolutely NOT irrelevant to the case … she is indeed referred to under CSA speak as a ‘Relevant Other Child’. (or ROC) … doesn’t mean that your ex’s case is not valid, but your daughter is a factor in the case.

    His case –
    your son is the Qualifying Child (QC)
    he is Parent with Care (PWC) to the QC
    you are Non-resident Parent (NRP) to the QC
    your Daughter is a ROC in your household

    the calculation will be based on your income (your husbands wages will not be used)
    your income will be your wages, any WTC you claim (if this is paid in respect of you being the principal earner) and any CTC you claim

    if your income is over £200 per week the calculation will be

    average weekly wage
    less 15% ROC allowance
    multiplied by 15% for 1 QC
    this will be rounded up or down to the nearest £1
    if your son stays with you for 52 nights or more a year you will be entitled to a shared care allowance

    if your income is less that £200 per week this iwll be a reduced calculation – £5 for the 1st “100 of your income and then 1 % of the balance – shared care allowance is applicable

    if your income is less than £100 you will be assessed to pay Flat rate Maintenance of £5 per week – no shared care allowance is applicable on a FRM on income of under £100

    you can use csa website for the calculator and put in your specific income and it will tell you what you will be expected to pay

    Your claim
    your daughter is the QC
    you are the PWC
    you ex is the NRP
    your son is ROC

    as your ex is on benefit the claim will be £5 –
    if your daughter stays 52 nights overnight with her father he will be given shared care allowance and this will reduce the liability to £0

  2. chall on December 10th, 2012 9:03 am

    nic,

    You may receive a reduction in your calculation for any children that reside with you. But your correct in making a separate claim to obtain child support from your ex for your daughter.

    Follow the link below, it will take you to a current scheme calculator.
    You can enter your details and get an idea of what your liability will be – It may be a good idea to start putting the amount to one side, so any ‘arrears’ that may accrue during the calculation process can be initially satisfied.
    http://www.cmoptions.org/en/calculator/calculator.asp

    chall ~ afairercsaforall

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