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CSA payments do not take into account childcare

  • prout70
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19 May 12 #331627 by prout70
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Hi there

My ex husband and I have been apart for 4 years and had a family based arrangement whereby he would pay me maintenance as determined by the CSA website calculator based on the number of overnight stays he had his son and also pay half towards the childcare costs. This was also listed in the Statement of Arrangements for children in our divorce papers which he signed in the court papers. He has been willingly paying this for 4 years and now as he has a new baby with his fiancee, he told me he would reassess how much he pays me. As I have no legal protection with the family based arrangement I subsequently reported him to the CSA and the payments will now be collected through them. As he disagrees with their calculation he''s now said that he will not pay me anything for childcare since he has no legal obligation to. I know that this is outside the CSA jurisdiction so now I''m going to have to take him to court to get money towards childcare.
I''d just like some reassurance that I have a case to get some contribution to this since we both need to work so need the childcare. I also have my son nearly 80% of the time so the payment from the CSA barely covers day to day living expenses let alone a contribution to the childcare.

Thank you :-)

  • MrsMathsisfun
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19 May 12 #331630 by MrsMathsisfun
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Hi and welcome to wiki.

Firstly do you have a Consent Order and what does it state regarding childcare costs?

Unfortunately if the agreement was just part of a statement of arrangements then it wont carry any legal weight and he will be within his rights just to pay CM.

If he gets a reduction due to nights the child (ren) stay with him then you are entitled to expect him to cover childcare costs during his contact time.

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19 May 12 #331633 by prout70
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Hi there

We don''thave a Consent Order but I did get some advice from a solicitor who said that since he has been paying this for 4 years and we did not sort out the finances when we divorced then this is still open (since neither of us has remarried)

He said that regardless of him having another child or the CSA maintenance payment that I can request an upward variation to ensure that I receive the same amount as I did, as I have become financially dependant on this money?

Whilst the statement of arrangements was not legally binding he said that this together with his payments over the last 4 years including childcare would go in my favour in court.I have proof of receipt of these payments over the past 4 years.

I need to complete a Form A to proceed with a court case.

Was the solicitor that advised me wrong?

Obviously this is going to cost me a lot of money so I wanted to get a second opinion,

Thank you !

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19 May 12 #331638 by MrsMathsisfun
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What your solicitor is saying is correct because if you dont have a Consent Order then you are still financial tied.

If you cant come to an agreement re finances then you will have to go through auxiliary relief (AR). This is via the form A your solicitor discussed.

As your ex has paid this money for the last 4 years, this will be considered. Whether you would continue to be entitled to sm from your ex will depend upon yours needs and his ability to pay.

What happened re other assets eg family home, pensions etc?

  • mumtoboys
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19 May 12 #331641 by mumtoboys
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are you claiming everything you''re entitled to? Tax Credits etc? There is a childcare element to tax credits so if you''re not claiming, do have a look ''cos you might be eligible, even if only for a small amount.

Try www.entitledto.co.uk and run your salary details through there and see what it comes up with. Your local CAB will also be able to do a benefits check free of charge for you although you might have to wait a while for an appointment.

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19 May 12 #331648 by prout70
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Hi again

Thank you for the confirmation.

We sold our house and the money was divided without the court being involved.

Neither of us get anything re pensions (well I dont currently have one - my ex husband has a very generous school pension)

With regards to his ability to pay - I am unable to afford to buy and won''t be able to

My ex husband has recently bought a £675,000 house with his fiancee and they have an expensive car which they are about to trade in for an even more expensive one. He also recently joined a private golf club costing £1200 a year and has a far more extravagent lifestyle than me and ability to easily pay his fair share of childcare costs.

Thanks !
Anna

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19 May 12 #331655 by WYSPECIAL
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prout70 wrote:

Hi again

Thank you for the confirmation.

We sold our house and the money was divided without the court being involved.

Neither of us get anything re pensions (well I dont currently have one - my ex husband has a very generous school pension)

With regards to his ability to pay - I am unable to afford to buy and won''t be able to

My ex husband has recently bought a £675,000 house with his fiancee and they have an expensive car which they are about to trade in for an even more expensive one. He also recently joined a private golf club costing £1200 a year and has a far more extravagent lifestyle than me and ability to easily pay his fair share of childcare costs.

Thanks !
Anna


Is that from his income though or is his fiance supporting his lifestyle?

Courts have no jurisdiction over CM if CSA are involved. You will have to try to get spousal maintenance from the court they will not be able to order child maintenance.

Post details of your relevant incomes etc (his not his fiances) and someone will be able to advise

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