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She wants back dated child support but...

  • esox11
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23 Mar 12 #319673 by esox11
Topic started by esox11
Morning all.
Had a "lovely" email from my S2BX and would like some opinion on this please.

We have a joint account (One Account - offset mortgage). Both wages went in and all bills went out from it when we where together. Utilities etc where all monthly payments.

When we separated (Mid oct) she immediatly cancelled her wage input and instead transferred £600 into the account monthly until this month / march.

From Nov to Feb i continued paying my wages into the account. (I know... daft). We had a joint c/card which has no debt just a moonthly turn over. She continued using this for all shopping - food clothes etc for her and our daughter (16yrs old). She then paid this as the primary card holder from the joint account. i also used it initially.

In feb i stopped my wage i/p and started paying her 15% of my net wage income in child support. In addition i paid into the joint acc for 50% of our mortgage and shared endowement policies. (approx £200). I have also agreed to pay 50% of the house insurance while i still have shared ownership.

Now she has requested child support back payments for Nov-Jan approx £1000.

IMO in those months through my wage i/p to the joint acc I have paid 50% of all household bills whilst not living there. Further she drew against my wage to pay for the credit credit card spending. This offsets the child support and she probably owes me a bit back in truth.

In jan the c/card was cancelled. i had spent very little on it since Oct.

She has now stopped her £600 input and is paying the same into the joint account as me for our joint liabilities detailed above. This seems the way forward.

We share additional other bills for our daughter and house maintenance, school trips etc etc. No issues there.

She could argue that she should have her overpayment into the joint account back and in theory she would be right. I would not object as it would be fair. I would then ask for my overpayment back too.

Does this arguement hold water... is my thinking correct? Would welcome opinions from those experienced in this... all new to me!

i know many would say joint accounts dont work but we are managing it... so far. There is some trust there at the moment.

Messy!
Thanks
Esox

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23 Mar 12 #319678 by dukey
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Cake and eat it?

You are paying what you should at 15%, before that you were also paying bill`s CC ect.

If she asks the CSA assess its paid from when the application is made but not back dated.

I suppose its one of those situations where you could say i`m not paying what you think i owe because of the reasons you outline, on the other hand if it keeps it all on an even keel and you have £1100 maybe its worth thinking about.

  • maisymoos
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23 Mar 12 #319679 by maisymoos
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She can only claim payments from when her CSA claim was submitted. If any of this period covers time when you were paying for things the CSA will deduct off this expenditure, for example my ex paid for some car tyres for my car after the date I submitted my CSA application the CSA deducted this from monies due to me.

  • esox11
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23 Mar 12 #319683 by esox11
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Thanks Dukey,

Why would i think about it... what are the reasons?? Other than being nice?

I might not be seeing it as you are. I am obviously biased to my point of view.

I dont have that money spare. All our joint savings are sitting in the joint account offsetting the mortgage.

Thanks again

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23 Mar 12 #319685 by dukey
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Hello esox

I know it sounds a bit mad but ive been here a while now, and staying away from court seems to be the best idea, if it cost you £1100 to stay away from court and lawyers then that for most would be a good idea, the cost of court often goes into five figures.

If you don`t have it that`s the end of the story really.

  • esox11
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23 Mar 12 #319687 by esox11
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From maisy''s post it would seem that i could deduct things i have paid for and settle on the balance?

May be a reasonable outcome would be to tot things up and settle things with her amicably.

I am trying not to be bitter but she is tearing away a lot of recent inheritance from my family.... hard earned money from a lifetime of saving by my grandparents. Hurts a bit but i know i need to deal with facts!

Court is not the way i want to go. I just wanted to ascertain that my reasoning re things i paid for etc was reasonable?

  • happyagain
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23 Mar 12 #319695 by happyagain
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Very reasonable.
The CSA will not backdate and she probably won''t give you any monies she feels are due to you.
There would be no expectation of you paying 50% of mortgage/bills if you are not living there unless ordered by a court although I appreciate you will want to keep things smooth for your daughter. CSA view mortgage payments as being in lieu of maintenance (or a part of it, depending on the cost) so she can''t have it both ways. Either pay the child maintenance or pay the mortgage.

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