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CSA "number of nights" calculation(3 Posts)
Does the NRP actually have to be at home for it to count as "shared care" for CSA calculations?
Our CSA calculation is ajusted to take account of the number of nights that DD spends at her dads (more or less 50:50) but I've recently found out that he's often away from home those days/nights and she's looked after by other family members.
We agreed a couple of years ago in mediation that we wouldn't do this (we agreed a "right of first refusal"), as I'm quite happy for her to come to me if he's away - but it turns out he's been ignoring it.
I can't see any way of forcing him to change (DDs a teen, so too old for court orders) but wondered if I can ask the CSA to reassess on the basis of this?
I realise that his household is still incurring the cost of her being there, but Its becoming more and more frequent according to DD, and when I tried discussing it with him, he ignored me and had a go at her the next time he saw her! I thought that if the CSA called him about it then at least he might be prepared to talk to me.
I don't mind if DD wants to stay at her dads house with her grandparents or stepmum while her Dad is away, I just want to know if he's away and uncontactable, so I can be around if she needs me as a parent, rather than make plans to be away myself (which I sometimes do when she's with him). I'm lucky that I can be flexible enough to be around when she's "with me" and I've not had to ask anyone else to care for her overnight ever since her Dad and I split. It's clear now that he's sticking to a contact schedule we agreed some years ago that he can't honour now, but he's always been very protective of his "time" with her.
Yes it sounds like he's sticking to an old agreement that he can't really honour so he can keep his days at the right level.
But you can't adjust it as far as I know. He may be giving grandparents or his new wife money/ food/ wine/ gifts in return for having her and she is "off your hands" and in his during these times.
How does your dd feel? It's common for teenagers to do as they please (don't we know it!) if she feels like he's not there for contact she could decide to stay with you instead couldn't she?
Maybe she enjoys the time with her grandparents/ stepmum?
Care must be provided overnight and the NRP and child must stay at the same address to qualify as shared care. See r7 Child Support (Maintenance Calculation and Special Cases) Regulations 2000
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