Schedule 1 claim

[Jackielezard]

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]

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]

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]

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]

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]

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The book that I used for guidance is clearly out of date!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

Just about everything is out of date at the moment, and no-one seems to know what is happening or when.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

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]

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.