A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


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.


CM - does he get in reduced due to distance?

  • tarot
  • tarot's Avatar Posted by
  • Senior Member
  • Senior Member
More
03 Feb 08 #12650 by tarot
Topic started by tarot
My x2b lives 50 miles away, he collects the children every Friday and returns them every Sunday, so a round trip of 200 miles a weekend.

He has told me that his CM can be reduced due to the distance he has to travel.

Is this correct, if there is such a thing, is there a site that i can look at to work out for myself the reduction.

Many Thanks

  • mike62
  • mike62's Avatar
  • Platinum Member
  • Platinum Member
More
03 Feb 08 #12652 by mike62
Reply from mike62
Tarot,
Can't say I've heard of that one!

He can get a reduction of 1/7 for every night of the week that the children stay with him. So if he has them EVERY Fri - Sun = 2 nights = 2/7 reduction

Perhaps check the csa site?

Mike

  • Josh2008
  • Josh2008's Avatar
  • Platinum Member
  • Platinum Member
More
03 Feb 08 #12654 by Josh2008
Reply from Josh2008
If he is regular picking up i.e. evry weekend then he can get reduction for each full day with him

But mileage won't count will be based on number of full days with him each week as posted above

  • Angel557
  • Angel557's Avatar
  • Platinum Member
  • Platinum Member
More
03 Feb 08 #12662 by Angel557
Reply from Angel557
A NRP can apply for a variation citing the cost of keeping in contact with the children ,ie the distance , IMO 50 miles is not a great distance , why don't you collect the children on the sunday that way you both do 100 miles.

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
03 Feb 08 #12687 by Fiona
Reply from Fiona
Under CSA rules NRPs may apply for a variation to CM based on certain travel expenses, but don't panic I believe it's not that much. See chapter 7.3 of the technical guide for advisors available from the CSA's website current leaflets menu. It doesn't tell you how this is calculated so you may need to phone the CSA.

  • attilladahun
  • attilladahun's Avatar
  • Platinum Member
  • Platinum Member
More
03 Feb 08 #12689 by attilladahun
Reply from attilladahun
Sometimes child maintenance can take into account exceptional circumstances that are not covered by the basic rules. This is called a variation, and it forms part of the maintenance calculation. It can lead to an increase or a reduction in the amount of child maintenance.
There are three categories of grounds on which a variation can be agreed:

* Special expenses incurred by the NRP, such as high travel costs to maintain contact with the children, or outstanding costs from the relationship,
* A pre-April 1993 property or capital settlement where the NRP transferred property or capital to the PWC, partly or wholly in lieu of child maintenance,
* Additional cases - a PWC can apply for an increase in child maintenance if the formula leads to an amount of maintenance which does not properly reflect the NRP's true circumstances because they have, for example, diverted an asset or income or have a lifestyle inconsistent with their declared income.

See CSA leaflet CSL 108 :Variations:' Help for exceptional circumstances' for full details of grounds

  • attilladahun
  • attilladahun's Avatar
  • Platinum Member
  • Platinum Member
More
03 Feb 08 #12690 by attilladahun
Reply from attilladahun
You don't say if the assessment is under the Old or New rules -The above relates to New Rules

For Old rules

DEPARTURE DIRECTION FROM THE FORMULA (old rules)

If a NRP feels that they have special circumstances that the CSA were not able to consider when making the child maintenance assessment, then they might qualify for a departure from the formula assessment. This could be because of something such as high travel costs to maintain contact with the children, or outstanding debts from the relationship. The PWC can also request a departure if they can show that the NRP has, for example, diverted some income so that it is not taken into account for the formulas, or has a lifestyle inconsistent with the claimed level of their income.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11