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Child Support and Housing

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abus
Posted by
Elite Member

31 Oct 13 #411968 by abus

Topic started by abus

Hi Wikis

I am almost (finally!) through the Child Support process - I am just waiting for them to confirm final maintenance calculation and payment schedule.

What I would like to know from wiki''s is that if I have 50:50 care would I still need to pay maintenance - I don''t envisage this to happen anytime soon as my daughter is still very young but later down the line I would like myself and my ex to have shared care of my baby.

Also I have spoken to my solicitors who has said all finances (for divorce) will most likely be based around the needs of the child and this might mean that I pay a lump sum towards housing for my ex and my daughter (both currently staying with her parents, I don''t imagine this situation will change anytime soon) - my question is if I do have shared care or at the very least I have 2/3 nights overnight stay per week (prior to shared care being agreed) would I still be required to pay a lump sum to meet my ex''s housing needs when finances are settled for divorce?

I hope someone can help

Thanks

Caligula
User is blocked

01 Nov 13 #412076 by Caligula

Reply from Caligula

Once finances are settled then that is it as far as the court process is concerned.

However, even with 50/50 residence or 49%/51% residence, one party can still attempt to claim child maintenance via the CSA.

There are advantages and disadvantages of a party doing this.

When residence is shared 50/50 maintenance is greatly reduced by the CSA. Quite often the applying party could get more through sensible negotiations outside of the CSA.

Hence in these circumstances, CSA should only be viewed as a last resort.

Hope this helps.

Phil

u6c00
Platinum Member

01 Nov 13 #412078 by u6c00

Reply from u6c00

Under the current regulations (CSA2) where there is a 50/50 split the parent who receives the child benefit will also be entitled to child maintenance. The amount of maintenance is worked out and then reduced by 50%, and then further reduced by £7 per week.

Under the new scheme (colloquially CSA3), in cases of 50/50 shared care neither parent will need to pay maintenance. Currently only new applications with 2 or more children from the same parents are under CSA3, but the government intends that all cases will eventually be migrated over to CSA3.

The lump sum question depends entirely on circumstances. Both parties will need to have their housing needs met, and if you have funds available and she doesn''t then a lump sum is possible. Your earning potential (and hers) is also important. It really does depend on the circumstances of your particular case.

Have you considered mediation to resolve the finances and contact arrangements? You might be able to negotiate something that you would both be happy with, rather than slug it out in court.

abus
Posted by
Elite Member

01 Nov 13 #412086 by abus

Reply from abus

Hi u6c00

Thank you for your response - very useful indeed.

I have attempted to mediation via family to no avail but ultimately I want to keep this out of court as all I''m concerned about is making sure the baby is provided for. I have instructed my solicitor to send a letter to my ex requested mediation so will see what happens and how she responds.

Fingers crossed she also wants to keep it out of court and settle amicably

Child Maintenance Options
Moderator

26 Nov 13 #414774 by Child Maintenance Options

Reply from Child Maintenance Options

Hi Abus

Thanks for your post, I am William the Child Maintenance Options consultant. U6c00 is correct the parent who receives the Child Benefit can still make an application to the Government’s statutory service. The Child Support Agency (CSA) no longer take new applications, parents now need to apply to the Child Maintenance Service and maintenance is calculated on the paying parent’s gross weekly income and a reduction is made for any overnight stays.

If an application is made with the Child Maintenance Service, your responsibility to pay will start from around the time that they contact you.

The Government plans to introduce costs for using the Child Maintenance Service at some point in the future. There will be three types of costs:

application fee
fees for collecting and paying out child maintenance payments
enforcement charges for paying parents who do not pay

We do not know the exact amount of these costs yet or when they might be introduced as they still need to be approved by Parliament but the Child Maintenance Service will write to everyone with a case to confirm the exact amounts at least a month before they come in.

You can avoid costs by making your own family-based arrangement with your partner. If you try it and it does not work out, you can still apply to the Child Maintenance Services at any stage. Further information can be found on their website at www.gov.uk/child-maintenance.

If you would like an indication of how much maintenance may be payable, based on how the Child Maintenance Service calculates maintenance, there is a calculator available on our website at www.cmoptions.org/en/calculator/. Some parents use the figure provide as a starting point to negotiate a family-based arrangement.

The Government’s statutory service is just one of the options available for maintenance, if you feel you and your daughter’s mum could discuss things together, you may be able to agree a family-based arrangement. Many parents choose to sort out child maintenance between themselves. It can be the quickest and easiest way of arranging child maintenance. These arrangements are made without involving the Child Maintenance Service or needing to disclose personal information to a third party.

You and your daughter’s mum would need to agree together who will provide what for her. There are no strict rules or formulas that you have to stick to when agreeing a payment amount. It can include money and other kinds of support, for example your shared care agreement and your lump sum payment.

Family-based arrangements are not legally binding. However, they can be quick, easy and free to set up. They also give you the flexibility to change your arrangement as your daughter gets older and her needs change, or if either you or your daughter’s mum has a change in circumstances.

We have some useful tools and guides available on our website at www.cmoptions.org/en/toolbox/index.asp, which you may find useful. There is our Child Maintenance Decisions guides for paying and receiving parents and our Discussions Guide. These can help you understand your child maintenance choices and help you plan your conversation with your daughter’s mum. We also have a family-based arrangement form. You can complete this with your daughter’s mum and sign your names to show your commitment to your arrangement. Although this is not a legally enforceable document, it puts the agreement on a more formal basis.

If you feel that none of the above options will work for you, you could consider a Consent Order/Minute of Agreement, which is an official ruling made by a courts. To arrange a Consent Order/Minute of Agreement, you and your daughter’s mum need to agree how much child maintenance will be paid and how often, before going to court. You can agree this either privately between yourselves, through a solicitor or a mediator. This usually happens when parents are going to court for other reasons, such as arranging a divorce or dividing their property or other assets. Arranging a Consent Order/Minute of Agreement can be costly as fees for solicitors, mediators and court costs may apply.

You will need to seek advice from your solicitor, in regards to whether you will still be required to pay a lump sum payment.

We have a sorting out separation web-app that you may find useful, it offers help and support to separated families. You can find this at www.wikivorce.com/divorce/Sorting-Out-Separation.html

To find out more about how Child Maintenance Options can help you visit www.cmoptions.org or call us free on 0800 988 0988 between 8am and 8pm Monday to Friday or 9am and 4pm on Saturday.

Thanks

William

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