Refusing to Increase Child Support

[SmugglingSeaweed]

I know IANBU but posting for traffic.

My exP has stopped contact with our child, about 12 weeks ago. He still pays child support at the amount we agreed when we split up (2 years ago). This amount is £56 more than the CSA calculator suggests, based on 3 nights per week at his. This agreement was private, no CSA involvement.

Now I have contacted ex to discuss increasing the maintenance payments, as he is not providing any care whatsoever. He is refusing.

The CSA calculator suggests he should be paying £61 more than what he is paying now, based on zero overnights. His argument is that he has ‘overpaid’ by £56 every month, so this has to be taken into account when calculating the new amount, and since the ‘overpayment’ pretty much cancels out the extra he should be paying, he is refusing to change his payment on those grounds.

I have told him I will contact CSA and he can deal with them. He is adamant they will calculate it his way. I think this is bullshit, as the previous arrangement was private and I’m pretty sure if he only paid £10 a month prior to CSA involvement, they wouldn’t be able to recover the shortfall. So surely they won’t take those ‘extra’ payments into consideration?

He is a controlling, bullying twat, and I want to be armed with as much factual information as possible so I can avoid his mind games.

Thank you.

I don’t think they will take prior payments into consideration as like you say it was based on a private agreement. Even if they do take it into consideration what do you have to lose? If your calculations going into the workings out are correct then you’ll have nothing to lose but will be able to gain a set amount which he will have to pay. It will take away his control over the payment too.

Good luck

CSA do not take into account arrangements that have not been made through them.

You contact them and I believe they "start" the arrangement from that date. You cant claim back pay so I assume you cant claim to have "overpaid" in the past either.

I would just contact them and let them deal with him.

Is he self employed? if he is my advice would be different!

Thank you so much for your replies.

I didn’t think they could take past payments into account but he gets in my head and makes me doubt myself. But it is true hidillyho that I have nothing to lose either way.

flamingofridays no he is not self-employed

That sounds like bollocks and you are right to fight it!

So he has had your child 3 nights per week all this time and he is cutting it to nothing? How old is the child? That sounds awful

Agree with PP as long as he's not self employed, go for it
Chances are he's had hefty pay increases since your agreement so may not have been overpaying at all but 3 nights a week is not far off 50/50 so it's probably pretty even up until now, if not better from your P. O. V

Just go through cms and its sorted. They are a pile of crap to deal with us ally though, so be prepared for delays and lost paperwork etc.

You’re right, he’s wrong. Go to CSA. Don’t engage with him again. He’s having no contact so you’ve no need to anyway.

So cms won't take the past into account. However if he was overpaying for the last 2 years and has cut contact in the last 3 months where does balance out? Ie he's paid £1000 extra over the past 2 years with a change of circumstances on x date when the liability would have been £60 extra per week which would then balance out in a months time so I would contact cms then. That would be the way I would do it to be fair to everyone.

Thank you everyone for your replies. I will contact CSA so I don’t have to engage with him any further.