Csa evidence ?

[Gunnermom]

I have 2 kids with my ex and we agreed maintenance between ourselves. Looking at the csa calculator and his wages he was paying over and above what he would through csa.

He has now contacted me to advise that he has another child therefore needs to reduce payments to us however I’m not sure it’s genuine.

He is still offering a fair amount which looking at calculator is above amount 3 children but below amount for 2.

If I contact csa could they force him to provide evidence of the 3rd child? He’s already told me it’s was a fling and not with the mum and whilst I’m suspicious surely he would need to prove it somehow

He would have to prove their is a child - they would ask for date of birth and name of the child and check it against child benefit

They would've give you any details though; it would show up as "reduced amount for 1.00 child"

That's how my ex reduced his payments

Thank you for your response!

So theoretically he could be making it up so long as he has the name and dob of a child regardless of if he is the actual father/paying maintenance

You think he's making up a child?! Is he really that awful as a person?

CSA no longer exists. CMS will ask for evidence of the child.

Sorry CMS, showing my age!

It just feels off as nobody including his family are aware of this child!

How much it would be reduced by CMS depends on the situation anyway.

Currently, he should be paying 16% of his income towards your two children. If he is paying maintenance for a 3rd child, he will pay 19% for all 3, so the percentage you receive will go down to 12.7% of his income.

If he is looking after this child in his home (sounds unlikely if no-one else knows they exist) then it would be an 11% reduction, so a lot smaller than the first situation.

If he is paying more than he should, you might be overestimating this, then by contacting the CMS you are going to end up with less even if there isn’t another child. If there is another child you end up with even less again.

I would run the figures and then decide what is the least worse option and how much risk you want to take. For example if he is meant to pay £200 pm instead of £300 pm and he is proposing to pay £199. Then it might be worth just taking it. As you might not want to risk it being calculated as low as £150 pm.

Thanks guys

I think if CMS seek actual evidence as opposed to his word then it may be worth the risk as tbh I think he’s lying.

Not sure what powers they have in this instance though as looking online it appears that so long as said child exists and the child is not subject to any other CMS action, he can claim the child as his.