If both parents have agreed dates between themselves that equate to 52+ nights per year but when contacted by the CSA to verify this, one parent says that it''s incorrect how do the CSA come to their decision?
My fiance has sent in a calender schedule to the CSA marking off all the dates that have been agreed but the ex is stalling on this.
In addition, do the CSA back date overnight stays that have already occured? My fiance had his children overnight 14 times last year before the ex stopped contact and he got it reinstated again this April.
Yes there is a contact order however the judge has tried to encourage them to communicate more by giving them an ''open'' order and telling them to go off and agree dates.
The court order states 1 night per fortnight, with 2 nights commencing in the summer plus additional dates to be agreed between parties.
It''s starting to get stressful as mum keeps changing dates. However despite this they still equate to more than 52 nights.
You are correct that if the child stays over 52 nights per year with the non-resident parent this will impact the child maintenance payment calculation. This is known as shared care. Wikivorce has a child maintenance calculator which can give you an indication of the child maintenance you would be liable to pay, if you were to use the CSA. www.wikivorce.com/divorce/Child-Maintena...-Tools-and-Forms.htm
On the issue of the number of nights, the CSA will take evidence from both parents and any other evidence available to try to come to an honest understanding of the number of nights a child stays with each parent. The CSA will then make a decision on how much shared care should be taken into account in the maintenance calculation, based on all the evidence that has been provided.
If your fiancé would like to discuss the other child maintenance options open to him, then he can call Child Maintenance Options on 0800 988 0988 or alternatively, contact the CSA office on the top of his CSA correspondence letter.