Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Schedule 1 claim

(9 Posts)
Jackielezard Tue 06-Nov-12 12:47:06

Hi all! I have been lurking around for a long time and finally decided to ask for some help.
Am Living in central London with my 3 children 6/10/11Y and my latest son's dad. Things have fallen apart but we are still civilised. I am working full time on a 20k basis and 120k on his side. We're cohabiting since 2005 and he has paid for all of the bills. I am thinking of moving out of our 3000£/mth rental flat with the kids, CSA calculator suggests 1040/mth and Housing benefit is 1250/mth. Am not sure I will be able to make it!
Is there any chance a schedule 1 claim could help me? He's got no savings/assets and even has 10k£ debt on a Credit Card. I recon he gets 5500£ roughly per mth. Would it be unfair to ask for more? I feel guilty that my previous partner is unable to help for his 2 daughters and the fact that we have been nicely looked after in the last 7 years.
(forgot to mention all the kids are a the local state school and I am driving his car on a daily basis)
Any thougts welcome!

Collaborate Tue 06-Nov-12 14:55:51

Can't make a capital claim if he hasn't got it.

I suspect any claim that you might make for income provision over and above CSA rates would be doomed to fail as well.

Jackielezard Tue 06-Nov-12 20:17:57

Thanks Collaborate! Is there any specifics to get more than csa rates? Would his salary need to be above a certain threshold? And suppose his pension contributions are excessive for his age? Isn't this depriving his child?

Collaborate Tue 06-Nov-12 20:57:24

The CSA limit used to be £2000 a week net pay. Since its moved to a gross income calculation I can't recall what it is now - could be £3k gross but will be similar. Pension contribs no longer affect the calculation now it's based on gross income.

olgaga Fri 09-Nov-12 10:09:46

My understanding is that the intention is that occupational pension contributions will be deducted from the gross income calculation - see here para 45:

www.dwp.gov.uk/docs/cmec-maintenance-calculation-regulations-2012-technical-consultation.pdf

Collaborate Fri 09-Nov-12 11:59:36

You are quite right and like a man in othapedic shoes I stand corrected.

The book that I used for guidance is clearly out of date!

Thank you.

olgaga Fri 09-Nov-12 12:20:42

Just about everything is out of date at the moment, and no-one seems to know what is happening or when.

I have read different things about "other relevant children" in official documents. In one it appeared that the criterion was receipt of child benefit, another referred to a "family based arrangement".

I think the idea is that a permanent state of confusion, plus a charge for the child maintenance "service", is exactly what's needed to ensure that everyone makes their own arrangements and lives happily ever after.

Collaborate Fri 09-Nov-12 12:57:46

Can't argue with that analysis. The Government website [https://www.gov.uk/calculate-child-maintenance] still uses the net income method of calculation, and the regulations you refer to are still draft.

It's a shambles.

olgaga Fri 09-Nov-12 21:49:40

Apparently the CSA online calculator will remain in its current form "to be used as a guide only" because with the introduction of the 2012 scheme "it has a limited lifespan".

So no revision, until it is replaced...one day.

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now