New CSA Contact and Shared Residency Ap in Court

Hi All

(You may have seen my other post 'Changing the arrangements without agreeing'.

Up until recently my two children were living me 3 or 4 days a week. My ex has forcefully changed the arrangement over the last month so that they only stay two days a week.

I have consulted a solicitor and am submitting a Shared Residency Application to the courts on Mon, to return to the status quo.

Over the last week my ex has contacted the CSA. In a nutshell based on the arrangement we've had over the last year or so the amount I was paying her was about right. I was probably paying slightly too much. Based on her new arrangement I would probably have to pay a bit more.

Should I just keeping the usual amount and explain to the CSA that this is in court or are they likely to increase my payments right away?

Many thanks from Mark

(CSA have given me a date of 8th Dec to respond. How strict are they?)

Mark,
if the current arrangement is two nights, then you are required to pay that amount regardless. The CSA will not put the situation on hold to await the court outcome. They are a law unto themselves and you would be best advised to respond immediately and keep copies of everything. Your assessment can be changed again, assuming your court outcome is as you are expecting.

They will be as 'strict' as your ex in terms of chasing you up. If she chases, they'll chase but the likely outcome is if she doesn't chase, neither will they. However, arrears will be accummulating all the time so not worth the hassle!

IF child maintenance was agreed in a Consent Order either party can apply to the CSA a year after the order was made. The CSA notifies the court and the order ceases to have effect two or three months after the CSA received the application. In the meantime you should continue to pay the amount specified in the order.

Hope that helps.

I think I noticed that with 50/50 shared residencies there will be no maintenance to pay by either side.

This must be good news for fathers who have their children 50% of the time and who buy clothes and other essentials in addition.

stepper wrote:

I think I noticed that with 50/50 shared residencies there will be no maintenance to pay by either side.

At the moment that is just a proposal set out in a consultation document seeking views on the draft regulations for the new scheme. Consultation doesn't end until February and it remains to be seen whether or not that particular proposal will be implemented.

I think you are right Fiona - I do recall now it was proposals that I was reading.

I hope it does come about for those parents who are fully committed to their children, have them at at least half the time and do their share with clothes, shoes, holidays etc. More especially if both parties are fairly equal in the salaries.

Hi All

The current situation is that we ahve not agreed two nights a week but that is what has happened for the last three. The three weeks before that they stayed with me 3 nights, 4 nights and 5 nights. I've also already paid her on 01.12.11 for Dec.

Does it make any difference that on some of the nights they stay with her I ahve them all day, including bathing them and supper, I take them to hers about 7pm, she puts them to bed and then I pick them up in the morning to look after them or take them to school?

I also pay school holiday fees, subscriptions for their sports clubs and their child savings accounts (the ones where they used to get free £250). I buy some of their clothes as well.

I pay a mortgage and my ex lives with her mum, paying no bills.

Will any of this be taken into account?

(Interesting that she has changed the regime for a few weeks then submitted this and the extra nights she wants the children her mum and brother seem to be looking after them...and I was wondering why she wanted them to stay those nights!!!)

Mark