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CSA and shared care

  • noregrets
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11 Sep 10 #223874 by noregrets
Topic started by noregrets
I would be grateful for your advice on CSA calculation on shared care.

We separated nearly 2 and half years ago and finally divorced just last week. We have one son, now 13. Fortunately we never had any problem regarding children and he was not part of the court proceedings. He goes to a boarding school and he spend time both with me and his mum when he comes home. I pay boarding school fees and all other expenses.

So my understanding is that we have shared care as there have never been in dispute on sharing care.

Therefore I feel that CSA should consider as if he spend half the time with me, that is 175 or more days with me. I am intending to appeal and your views will be very appreciated.

  • WhiteRose
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11 Sep 10 #223878 by WhiteRose
Reply from WhiteRose
Hi noregrets,

I have no idea on what the CSA officially state, but just wanted to add my common sense opinion.

You both share his time when he is not at boarding school, you pay the school fees and expenses, I see no reason why you should be paying CSA.

The CSA look at the person who claims CB to receive their payment.

Are you saying your ex has applied for CSA?

Or is this just a fishing enquiry just incase?

Take care

WR

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11 Sep 10 #223885 by noregrets
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Yes my ex has applied to the CSA and they have asked me to pay.

I applied for variation on the grounds of boarding school fees. They reduced the fee but only very marginally. Because they deduct the boarding fee from the weekly income used for calculation and not from the calculated maintenance cost.

They have made their calculation on the basis that he does not spend anytime with me as he is at boarding school. Interestingly he does not spend his time with so call resident parent as well.
So I want ask the CSA to look at it again as they have not considered shared care. I want to finalise my letter to them this weekend so looking for wise ideas.

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11 Sep 10 #223888 by WhiteRose
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Hi again,

Just wanted to clarify - are the CSA payments unaffordable for you or are you disagreeing with the principle of the matter?

Although on the face of it, it appears unfair, but if you can afford and your child is benefiting from a better quality of life when he is with your ex, its worth a second thought?

However if you are unable to afford and the CSA insist, you may need to cut back on the other expenses you pay out for him.

Hopefully there'll be a wiser wiki who can offer you some concrete advice :)

Take care

WR

  • noregrets
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11 Sep 10 #223896 by noregrets
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It is a combination of all.

It is unaffordable. The boarding fee when combined with CSA caculatuion amounts to 35% of my net income. Then I have to pay a mortgage (ex got a mortgage free 4 bed room detached property from the equity of FMH) and some spousal maintenance.

It is unfair. Ex get £600 a month for having my son at home for one day a month!!

In addition she expects me to pay all his other expenses and I know that it is my discretion. Son has always dependent on me for his needs. Now if I were to keep telling him, do not ask me but ask from your mum, it is not good for his wellfare.

The CSA office was very sympathetic and said that this application should not have been made but they have to action it once they receive it.

I am going to appeal any way and see. There is nothing to lose by appealing.

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