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Maintenance advice please!

  • SaraA
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23 Mar 10 #193976 by SaraA
Topic started by SaraA
I need some advice or points of view please. I have been separated from my husband of 14 years (together for 18) for just over 6 months now, for the last few months he has said he can pay £125 per month as maintenance for our three children (1 x 10years and 2 x 7 years) which in my view is well short of being an acceptable amount (it equates to less than £10 per child per week!!!).

He is working, is self employed although pays himself minimum wage and says he can't afford any more than this. What other he earns goes into a separate account, although he's not a limited company and just moves money from one account to another to 'pay' himself. I work full time and now pay all costs now towards our marital home and the children other than his small contribution. I have a good, well paid job but what I have coming in doesn't cover what goes out each month!

I haven't been to the CSA yet and was hoping to avoid it but I think he is just being ridiculous in what he is giving to supposedly support his kids. we have started mediation meetings to finalise things but what I wanted to know is what is deemed as a standard amount of child maintenance for three children, assuming he is on minimum wage (although I know in reality he is earning more than that!) so that I am more prepared for the next mediation meeting and how do I go about ensuring the children get what is due to them?

Any advice greatly appreciated!
thanks

  • Fiona
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24 Mar 10 #193989 by Fiona
Reply from Fiona
You need to be aware there are many legitimate ways the income of the self employed can be reduced on paper to reduce taxes.

The CSA rate for the maintenance of three children would be 25% of the non resident parent's net income minus a deduction for overnight stays the children stay with the NRP. There are calculators available at both the CSA and CM Options websites.

It is possible to have a voluntary private agreement or when CM is agreed it may be included in a court order as part of the financial settlement. Alternatively, either party may apply to the CSA for an assessment, ask the CSA to collect the money and pay it to the parent with the majority of care.

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