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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


CSA Calculation

  • Fergal321
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10 Sep 12 #354902 by Fergal321
Topic started by Fergal321
Hi,
I am soon to be assessed for maintenance payments ready for Direct Payments commencing.
Can someone please advise me what actually happens and answer these questions:

1. How do the CSA actually check my income? Do they simply ask for my wages slips?

2. I travel 29.5 miles each way to work every day, 69 miles in total (according to google maps).
Will my work travel costs be taken into account?

3. I get business expenses paid back to me each month, these are for parts and items I have to buy for my job, my work then pay these back seperate from my wages and are not shown on my wage slip.
Will these be included in the calculations?

4. My ex has moved 23 miles away (46 mile round trip 8 times a month) and I have to do all the driving to ensure my daughter gets her access to me.
Is this milage taken into account?

I really hope someone can answer these questions, my new partner and I are very worried about what the calculation will come back as.
I have a new daughter with my new partner and we know she will be taken into account, but the other points worry us.

Thanks
Bengy

  • zonked
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10 Sep 12 #354909 by zonked
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When paying csa its better if you ask/insist on paying via a standing order rather than direct from wages, that way you have a bit of control over whats paid.

1. Yes, you will be asked for wage slips.

2. Travel costs to work will not be included.

3. Business expenses not showing on your wage slip are not included.

Business expenses which are included in your wage slip, eg car milage allowance - should not be included but sometimes are, you would need to dispute this with csa if it is.

4. You can seek a reduction on assessment based on number of overnights (shared care), or, on contact costs. not both.

You would need to have a min of 52 nights a year to qualify for the shared care reduction. Example..52 nights equates to 1/7 reduction.

Contact costs are not reduced on a £ for £ basis. Instead it is used to reduce your assessable income. Meaning that only a small proprotion of what your paying out is actually reduced from the csa bill.

5. If you are living with your new ptr then your dtr and any children in her household will affect your assessible income. One child would reduce your assessable income by about 15%, 2 by 20%.

If you are not living with your dtr, then the csa will make no reduction and will not take into acount any contribution your making. The only way around this is to make payments to your ptr through the csa, your ptr would need to intiate such a claim. This would mean the CSA would increase your overall liability to around 20% of assessable income, with each parent getting 10%.

Good luck

  • WYSPECIAL
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10 Sep 12 #354921 by WYSPECIAL
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They don''t seem to like standing order anymore and try to push for direct debit or DEO.

With one child living with you and paying for one you are looking at paying 12.75% of your net. Don''t forget if you claim tax credits they count as income.

Easiest way of knowing if business expenses are to be included is whether or not they are taxable. If they are a taxable benefit they will be included if they are a tax exempt re-imbursement of costs paid out by you they are not.

Is your mileage following roads or "as the crow flies"

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10 Sep 12 #354944 by Fergal321
Reply from Fergal321
Hi,
Thanks for your quick answers.

My mileage is as following roads calculated by postcodes in google maps.

To be honest this might all be pointless.
I have just seen the new scheme is due to start in Oct.

This will mean all my calculations go out the window!

Anyone know anything about the new scheme and how they will calculate things like reductions for overnight stays?

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10 Sep 12 #354970 by WYSPECIAL
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Overnights the same as now. Biggest difference is where care is 50/50 they will acknowledge that and not make an assessement.

At present 50/50 shared care is not recognised, there has to be a PWC and a NRP

  • Child Maintenance Options
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11 Sep 12 #355263 by Child Maintenance Options
Reply from Child Maintenance Options
Hi,

Thanks for the post.

A new child maintenance scheme is being launched later this year. The new scheme is designed to encourage parents to reach their own, family based, arrangements rather than involve the Government at all.

However, if parents do wish to use the statutory service then they will be charged to use of the new scheme - this will include an application charge, ongoing collection charges where the non-resident parent is unwilling to pay direct and maintenance has to taken from them by the Government, and charges for enforcement.

When the scheme is introduced, the CSA will stop taking new applications and it will start to close existing cases. This process is expected to take at least 2-3 years. Parents with CSA cases that are closing will be given information and support to help them decide whether to make a family-based arrangement or apply to the new scheme.

All of these changes are in written in primary legislation in the Welfare Reform Act 2012 although the Government will be consulting on the detail of the charging and case closure regulations later this year.

child maintenance is paid to the parent with day-to-day care of the child by the other parent. In cases where parents share the care of their children equally and the main day-to-day carer cannot be determined, the parent who receives Child Benefit for the child will be classed as the provider of day-to-day care. So, even if you share the care of your children, if your children''s mother receives Child Benefit for them, she is the parent with day-to-day care and you have a legal responsibility to pay child maintenance. However, this is set to change in future under the reforms proposed by the Government.

For more information about family-based arrangements and access to useful tools and forms online you can visit www.cmoptions.org, or if you''d prefer a confidential chat you could call the child maintenance Options team on 0800 988 0988 (free from a landline).

  • perin123
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11 Sep 12 #355275 by perin123
Reply from perin123
child maintenance Options wrote:

Hi,



A new child maintenance scheme is being launched later this year. The new scheme is designed to encourage parents to reach their own, family based, arrangements rather than involve the Government at all.

However, if parents do wish to use the statutory service then they will be charged to use of the new scheme



Oh dear that doesn''t sound good....So because my ex pays nothing for his child and I struggle to provide, I will now have to pay to try and get ex to pay???? Seems wrong to me:(

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