The UK's largest and most visited divorce site.
Modern, convenient and affordable services.
We've helped over 1 million people since 2007.

Click this button for details of our

email, phone nbr and free consultations.

How To Contact Us

Help - Can Ex Claim Extra CSA than Calculator?

Start
Prev
1
Next
End

tk1
Posted by
Elite Member

05 Aug 14 #441396 by tk1

Topic started by tk1

I have been separated for 15 months and divorced for 6 months and have not paid CSA due to paying the full mortgage on the family home.
Last week we were in court and my ex was ordered to continue to pay the mortgage from now on and myself to pay £250 CSA until a proper assessment can confirm the amount.
The figure according to the online calculator is about right. As part of the court case we have a Clean Break so she cannot come for spousal maintenance etc.
During the past 15 months i have maxed out my credit card due to rent on my apartment and solicitors costs due to the divorce and finances.
However i do not have a problem paying CSA however i have a few worries.

a) I might leave my apartment and move back to my parents (to save money to pay off my credit cards), can my ex ask for any additional money than the CSA calculator if she thinks i am £500 per month better off?
b) I normally have my daughter every other weekend Friday 5pm – Sunday 6pm, She has stopped this for no reason other than she said that she wants more CSA. She has refused mediation and therefore i have my FM1 form and am in the process of raising a court order. Can she claim that i do not have my son even though it is her that is stopping me?
c) I am due to come in to some money due to inheritance, again can my ex get extra money on top of CSA due to financial position? I am not earning any extra just my saving might increase?

thanks in advance.

TurboB
Platinum Member

05 Aug 14 #441400 by TurboB

Reply from TurboB

a) i believe that CMS will calculate your child payments based on gross income minus tax etc - so you saving money by living with parents should not influence this.

b&c) can''t comment on this

MrsMathsisfun
Platinum Member

05 Aug 14 #441401 by MrsMathsisfun

Reply from MrsMathsisfun

If you have a court order stating you have contact at particular time the csa will accept that, otherwise its your word verses hers. Keep a diary and if necessary photographic evidence of contact.

Saving and inheritance not classed as income for csa.

Gillian48
Platinum Member

05 Aug 14 #441402 by Gillian48

Reply from Gillian48

Basically no the calculation is based on what you earn - the on line calculator give you an idea of what you''ll pay. I only used CSA but the new CMS is different I believe it''s a% of your income - nothing to do with any inheritance you may or may not receive. Presumably she stopped the overnight stays because you can deduct money for every night a child stays with you so if this has stopped there won''t be a reduction.
Any money you save is nothing to do with the calculations it''s purely based on your earnings.
Go online or ring the CMS they will give you a rough calculation.

Child Maintenance Options
Moderator

14 Aug 14 #442122 by Child Maintenance Options

Reply from Child Maintenance Options

Hello Tk1

I am William, the child maintenance Options consultant

As mentioned in previous responses to you, child maintenance payments are worked out based on your taxable gross weekly income. So, if you were to move to save money or receive money from an inheritance, this may not affect the amount of maintenance that you pay.

It is also correct that the amount of overnight stays your daughter has with you affects the amount that you would pay.

Maintenance and contact are two separate issues and should be treated as such.

It sounds as though you are trying to get a court order in place for your contact and once that is done, there should be no dispute with that issue.

Just for your information, the Child Support Agency (CSA) no longer deal with new applications. The Government has a new statutory maintenance service in place called the Child Maintenance Service. You can find out more information about how the Child Maintenance Service work out maintenance here in this booklet www.gov.uk/government/uploads/system/upl...hild-maintenance.pdf.

The options available to set up maintenance include the family-based arrangement, which is an agreement between parents without the involvement of the Government or legal system. Although not legally enforceable, they do tend to work better and last longer than other arrangements.

There is also the Government’s statutory scheme, the Child Maintenance Service, who can calculate maintenance leaving parents to arrange payment between themselves, or collect payments and pay to the parent/main carer.

And there is the Consent Order which is an agreement arranged through the courts.

If you would like more information about the different options available to you to set up maintenance payments you can contact Child Maintenance Options, this is the website www.cmoptions.org.

Regards

William

Start
Prev
1
Next
End

Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Shezi, Linda Sheridan, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.