Seeking Advice about CSA impact.

Evening all,

Been a regular reader of this site for a little while and its help me with my divorce, never had the need to post anything up until now.

Want to give a little back ground first.

Was married and had two children, divorced and the older child wanted to stay with me. This means both myself and ex-wife have a child each living with us.

Ex has moved miles away from where we used to live got married and had another child with new husband. Ex used to work but has given up her to job to look after the new child, basically no interest in working – never worked when she was with me.

My posting is about child maintenance payments, always paid the ex for the up keep of my son via a private arrangement. I have my son every weekend Friday – Sunday nights, longer if on school holidays if she will allow!

She has no contact with her daughter other than a quick 10 minutes when I collect my son, there is no overnight stays. She has never paid a penny for the up keep for her daughter who lives with me, even when she was working!

She has now threatened me with the CSA (all about getting more money!), I also travel up to 4 hours on the weekends to collect my son.

I know I could counter claim with the CSA for child maintenance payments for my daughter, but I’ve read somewhere if you’re on benefits you will only have to pay £5 - £10 per week? Is this the case?

As I’m giving her money for my son each month, should the deductions not be taken from the money I give her? I have to look after my daughter as well and money is tight.

What are people’s thoughts / advice on this matter? Would the CSA reduce my payments for monies she should be paying for her daughter or would she only have to pay the £5 - £10 which I believe is completely unfair!!

Additionally there is no reason why she can’t work!

Thanks in advance for your responses.

Do you know she is claiming benefits or is she dependent on her new husband? In either case under CSA rules you won't get much if anything to offset against the child maintenance you pay because for whatever reason she has no/low income.

However, there should be deductions for your son's overnight stays with you and once a basic assessment is carried out you can apply to vary the amount on the basis that you have travel expenses related to contact. It isn't a huge reduction but it might help a bit.

Thanks for the reply.

So because she gave up a job, she get's to pay nothing for her daughter?? But I have to pay for my son?

I have no issues paying if she paid her way as well. But she don't.

I also purchase clothes etc for my son on top on what I gave her. Just seems a little unfair that I must pay the full amount and she get's away with paying nothing!

If you are already paying a voluntary child maintenence CSA will not expect you to pay child maintenence voluntarily as well as a CSA amount (your wifes view might be different but that is not the law).

It might not be as bad as you think when the nights you have your son are taken into account and when the CSA goes through you stop making the voluntary payment.

Why don't you work it out and compare it to what you pay voluntarily. As you have your daughter living with you and have your son stay it may not be as much as you think. If you want some help working it out post more details on here or PM me

Surely in an instance such as this, neither parent needs to pay anything as each is a PWC? If anything the op should pay nothing as he cares for one child, has regular contact with the other as well as traveling expenses whereas she is only caring for one child, having barely any contact with the other and has no travel!

I see this as a no brainer, but I'm guessing that's probably wrong!

It doesn't work like that. Each parent can claim CB, CM and tax credits for the children living with them.

However, if the non resident parent has a child living in their household they can deduct 15% from their income before the usual calculation.

Much better to come to an agreement rather than involve the CSA if at all possible.