Would appreciate any advice you can offer. Here is my situation:
2. Ex lives with two 17yr old (twins) in the marital home.
3. Court Order in place and signed by both parties since Apr 2011. Main principles agreed are:
(i) House will be sold June 2013.
(ii)I pay £800 per month for upkeep of the boys.
Over the past year I have not missed one payment, but recently I have had the boys for periods of up to a week and more and have obviously paid to house, feed and keep them.
In addition I also pay incidental costs, some of which are substantial, such as holidays, football season tickets and eating out etc.
I approached my ex about a pro-rata approach so that if I have the boys for a week the maintenance figure should reflect that.
Is this a reasonable request or do I have to stick to the Court order and effectively pay twice in some cases?
If you cannot reach agreement between yourselves you need to stick to the order whilst it is in effect. Normally after 12 months either party may apply to the CSA and then the court order ceases to have any effect. The exceptions to this are when one parent lives abroad, there are step-children or children over 18 in education. However, the court can award top up payments if the non resident parent''s income exceeds the CSA capped amount of £2k per annum.