How does a new baby affect child maintenance payments (baby of the non-resident parent)?

[Ariadne78]

Just that, really. If child maintenance is for 2 DCs (20%), how does arrival of new baby (of the DCs' father) affect it?

You can find out here:

www.csacalculator.dsdni.gov.uk/calc.asp

His maintenance bill will reduce by 15% if it's the only child in his new household. Maintenance is reduced by 20% for 2 or 25% for 3 or more children in the household of the absent parent.

Don't forget that the non-resident's parents families' Working Tax Credits are added to his net income before the assessment is made if the NRP earns more than his new partner. If they both earn the same one half WTC are added.

My understanding is that under the current scheme 15% for the new baby would be deducted from the NRP's assessable income before the usual calculation.

eg net income £250 + WTC £100 = assessable income £350

 minus 15% for child living with NRP = £297.50

 20% for two children living with PWC = £59.50 child maintenance 

 (minus any deduction for overnight stays the children spend with the NRP)

Thanks, people. Working tax credits not an issue as he earns a packet.

Next question. How difficult/expensive is the process of going back to court to attempt to vary the child maintenance upwards? Does my own income play any part in the assessment of child maintenance? The maintenance was fixed by consent order 5 years ago, is not index linked so has never risen, though of course the DCs' activities have all increased in number and cost as they have grown older. He's never sought to have it varied downwards. Although it has been clear to me over the past few years that his income has risen significantly, "informal" suggestions that a hike in the maintenance would be merited have been strongly resisted and I haven't had the money to go back to court and try and get more. Not to mention, I wouldn't want to spend thousands in court unless I was certain we'd end up with a significant increase. But I have no way of knowing what his income is other than my observation of his lavish lifestyle.

If I did want the maintenance looked at again, how would I get him to disclose current salary and bonus details? Just asking will not work as I have done that before and he just dissimulates. Also, do the courts take account of bonuses in the form of unvested shares rather than cash for these purposes?

You don't go back to court. Just notify your ex that you wish to terminate the court order, and apply to the CSA at the same time. There's no point going to court when either of you could replace the order with the lower or higher CSA assessment.

Collaborate, maintenance was assessed 5 years ago at net weekly income of £2,000. My understanding is that CSA will not give an assessment above that level and you have to make some other kind of application in court. Is that not correct?

That's right. The court can order top up maintenance. If his income is below £2,000 a week the court may not think top up maintenance is appropriate. You really need to go back to your solicitor to get advice on the school fees issue as well.

Ignore my ref to school fees. Thread confusion!

School fees, Collaborate? Not relevant in our case.

Cross-posted! But as a point of interest, if the father is very wealthy, is it possible to get him to pay for school fees in addition to child maintenance?

What I would really like to know more about is the mechanics of how you get disclosure of income, and whether or not deferred bonuses are taken into account, or whether the court would only look at actual cash compensation in any given year. I would not want to embark upon a course of action that in a worst case scenario might result in no more child maintenance AND a huge loss of civility in our relationship, without some idea of what's involved and whether I could obtain whatever evidence might be required.

Does the father earn more than £3k a week? The CSA cap of £2k a week is rising to £3k next month I think.