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53 nights and over

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wavingnotdrowning1
Posted by
Premium Member

27 Jun 13 #399080 by wavingnotdrowning1

Topic started by wavingnotdrowning1

Hi everyone, children stay with NRP ''one overnight stay of 24 hours'' UNDER the agreed amount of 53 and over per year. Am currently asking CSA to re-assess. As a direct result of receiving the letter, the NRP has said he wants to make up the amount over the next 6 months. Having not expressed any desire to make up any amount during the last 3 years, this appears to be an attempt to avoid an increase in CM.
My question is:
1)will the CSA look at my records up to the current time and base the re-assessment on the actual 52 and under, or will they accept that he intends to make up the time and base the re-assessment on 53 and over?
2) if he takes the children on holiday, can the additional days be ''banked'' towards the 53 and over?
3) the children (aged 10 and 12) often choose NOT to stay overnight. Does this count as a non-stay even though NRP wanted them to stay?
Thanks in anticipation of advice.

MrsMathsisfun
Platinum Member

27 Jun 13 #399082 by MrsMathsisfun

Reply from MrsMathsisfun

If I remember correctly the CSA site states on average 52 and under. The word average means that it can be slightly less or slightly more.

If your ex takes children away then this is include in the number of nights.

The csa doesn''t measure 24 hrs periods of time just overnight.

Lostboy67
Moderator

27 Jun 13 #399084 by Lostboy67

Reply from Lostboy67

Hi
I don''t know the answers to your question, but have to say that it appears that by going to the CSA you have rocked the boat more than a little and it should have been no surprised that, he facing a worsening financial position wishes to defend that financial position. In this respect it is no different to what you are doing in attempting to improve your financial position by going to the CSA.
It would be better for the children if you both worked on providing good and meaningful contact rather than wasting energy on counting the exact number of days.

LB

Child Maintenance Options
Moderator

28 Jun 13 #399117 by Child Maintenance Options

Reply from Child Maintenance Options

Hi wavingnotdrowning.

Thank you for your post. My name is Sarah I am the child maintenance Options consultant.

As we are a different organisation to the Child Support Agency (CSA), we do not have access to any details that they hold. So, you would need to contact them directly to speak to them about how they would calculate the amount of nights your children stay with their father.

You can find contact details on any letter they have sent to you. Or, you can find the right number here: www2.dwp.gov.uk/csa/v2/en/contact/index.asp

If, as Lostboy67 has suggested, you and your children''s father are able to work together, you could consider setting up a family-based arrangement for child maintenance. This type of arrangement is simply an agreement between you both about who will provide what for your children. A family-based arrangement does not just have to be just about exchanging money, buying you children clothes or paying for school trips could count, for example. While this type of agreement is not legally binding, it is flexible and can be changed as your children get older or your circumstances change.

It can also help to write down what you have agreed and you can keep a record of any payments made and received on our family-based arrangement form. Although this is not a legally enforceable document, it puts the agreement on a more formal basis. This can be downloaded from our website at: www.cmoptions.org.

If you would like more information about family-based arrangements and access to useful tools and forms online you can visit www.cmoptions.org, or if you would prefer a confidential chat you could call the Child Maintenance Options team on 0800 988 0988 (free from a landline).

We also have a sorting out separation web app that you may find useful, it offers help and support to separated families. The link is: www.wikivorce.com/divorce/Sorting-Out-Separation.html

wavingnotdrowning1
Posted by
Premium Member

28 Jun 13 #399207 by wavingnotdrowning1

Reply from wavingnotdrowning1

LostBoy We are talking about a man who refused to go to mediation for 4 months and the case was subsequently closed due to his lack of co-operation. He has just suggested I drop the children off at a motorway services for a burger for half an hour so he can see them to make up for a missing evening. Hardly the children''s best interests at heart.
At divorce the split was 53% to me 47% to him despite me having the children 6 days a week and despite his wage being three times mine and despite his pension being three times mine. We are talking about a man who is motivated by money, and THAT is why he is only now suggesting he ''makes up'' for missing nights - nothing to do with a desire to see the children any more. I have told him that any additional money the re-assessment may produce will go into savings for the children, not for my own gain as you suggest.

wavingnotdrowning1
Posted by
Premium Member

28 Jun 13 #399210 by wavingnotdrowning1

Reply from wavingnotdrowning1

Child Maintenance Options you will see in my reply to LostBoy that my ex refused for 4 months to make an appointment for mediation and against my wishes the case was closed. So many people give advice on this site to ''work together''. How wonderful for those who can do that. I am a reasonable human being, as is my ex, but he refused to attend mediation despite him initiating the first appointment. We do not communicate other than for essential organisational issues.

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Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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