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Change in circumstances

  • fluffyninja
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28 Dec 14 #452305 by fluffyninja
Topic started by fluffyninja
I''ve not been able to find an answer on government site (or any other) regarding the following:
Ex has been paying through CSA for last 18 months and amount is based on his pension only. Since starting self employment he has had no profit. However, it appears he is winding business down and I believe he is now in employment. My son saw his father last week for the first time in 13 months. His father told him he was looking for work but doesn''t have a job yet. He asked our son for his bank account details so that he can put money in his account so it doesn''t have to come via me. Our son is 14.
Would I be correct in thinking that any money put into son''s account would not be classed as child support? He currently pays £65 per calendar month - not much for a tall strapping teenager! The fact he wants to do this leads me to believe he is trying to ease his conscience because he knows his circumstances have changed and should pay more but detests the fact he has to give money to me - believes I spend it on myself. I am currently unemployed and have a total income of £650 per month (I haven''t even been able to afford a haircut for the last 9 months so I hardly ''spend'' it on myself!).
My biggest dilemma is that now they are talking to one another again (son still wont visit his dad''s as has had problems with new family) I don''t want to cause problems. However, I don''t feel it''s right for him not to pay more if he is now working and even if he tells CSA later, payment changes are not backdated. Our son is aware his dad has possibly lied to him - which doesn''t help the situation. At the moment I feel damned if I do and damned if I don''t.
Am I right in thinking he can''t ''choose'' to pay the money to our son instead of me? Sorry for going on but this is keeping me awake at night.

  • dukey
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28 Dec 14 #452321 by dukey
Reply from dukey
With a child of that age CM needs to be paid to you assuming you are the parent with care, you must be given the lack of contact, any money paid to the child is basically a gift, if the child lives with you its not CM.

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29 Dec 14 #452333 by fluffyninja
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Thanks dukey, pretty much as I thought. I''ll wait and see, give him a chance to do the decent thing. If he doesn''t, then I guess I''ll have to do it for him, even if it does rock the boat. We originally had a family agreement but he messed that up through pure petty spitefulness just after the divorce and Consent Order, hence why there''s no longer any trust with regards CM. If he doesn''t pay more when he is able then it is ultimately our son who suffers rather than me. Oh well, onwards and upwards!

  • Child Maintenance Options
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30 Dec 14 #452438 by Child Maintenance Options
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Hello fluffyninja

If you have a family-based arrangement in place with your ex-partner you may wish to try to discuss and negotiate your maintenance payments. Family-based arrangements are not legally enforceable and there are no strict rules or formulas to follow when calculating child maintenance. Therefore, parents can decide the terms of their agreement to suit the current circumstances.

The Child Maintenance Options website has a useful tools and guides section that you and your ex-partner may find helpful when trying to negotiate your family-based arrangement. This can be found at www.cmoptions.org

Child maintenance is paid to the parent with the main day-to-day care of a child and who is receipt of the Child Benefit.

As child maintenance is paid to the parent with the main day-to-day care of the qualifying child or children, it is therefore controlled by the person best placed to determine that child’s needs. Child maintenance is a contribution towards the cost of bringing up a child and this includes not only such items as food and clothing but also it is a contribution towards the home that the child lives in and the associated costs of running that home.

For more information on the different ways to set up child maintenance, you can visit the Child Maintenance Options website.
The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.wikivorce.com/divorce/Sorting-Out-Separation.html

Regards

William

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