Child maintenance - can I claim? Is this reasonable?

[andwhatnow]

I separated from my husband 18 months ago, I wanted the split. We have a 12 year old daughter. We split care more or less 50/50 which works fairly well on the whole. I claim child benefit and our monthly income is roughly the same. My husband points out that things such as school uniform, school trips etc, hair cuts should all by paid for by me as I get the £80 a month child benefit. When we first split I did give him half of it for 6 months but then stopped as I was struggling a little. I was the one who left the marital home (It is now on the market) as he didn't want to, and have had to take out a loan to refurnish a house for my daughter and I whereas his outgoings hadn't changed.

Anyway, to get ANY money from him at all for anything is met with arguments. I know I get the £80 but as I said, my monthly outgoings are higher than his and he has stayed in our nice detached large home for the last 18 months whereas I have downsized and basically have everything second hand for my daughter and I. There are other things, such as his car being worth more than mine, etc. I am considering going down the route of trying to claim maintenance. Then I wouldn't have to ask or argue with him for anything extra. How does this work with 50/50 care? Am I being unreasonable to try and claim it? I would appreciate opinions.

So have you not divorced and sorted the ancillary relief (finances)?
Can only assume you are intending on going ahead with divorce on the basis of two years separation and consent? If that is the case, then you need to start talking now about the finances, ie, what the division of proceeds of sale from the FMH (former matrimonial home) will be and child maintenance etc. If you cannot reach an agreement regarding this then you will need to consider an application to the Court (once divorce proceedings issued) in order to determine the shares of the FMH and other matters such as maintenance and pensions etc. If he will not co-operate at this time, then you might be sensible to consider an application to the CSA. I have to say, I'm suprised the issue of maintenance was not discussed when you first separated. You are not unreasonable to seek reasonable maintenance for your DD and should do so sooner rather than later if he will not agree matters.

No you're not unreasonable, especially as you say you're struggling. If you go through the csa they will work out what is fair in the circumstances and removes the need for you to get into discussion with your ex about it

I would put a claim into the CSA. It doesn't sound as if things are fair as they are. The CSA doesn't do things terribly fairly (in my view) in cases where the childcare is around 50/50, but it will even things up for you in this instance. What is crucial is that you receive the child benefit, as the CSA regard this parent as the parent with care. Your ex will have to pay you 10% of his pay (take home pay that is -i.e. post tax), but he will receive a discount of 1/7th off this amount for each night per week that your daughter stays with him. They average this out over the year, so it doesn't have to be every week, but must be at least 52 nights a year for each 1/7th deduction. If your current arrangements are slightly over 50% staying with your ex, then he could apply to get the child benefit, and take you to the CSA, so work out exactly what the current arrangements really are before proceeding.

The other thing to bear in mind is that it might not be worth the aggro to pursue the claim. He is likely to regard it as very unfair that he has to pay you, say, 4/7th of 10% of his take home, and you pay him nothing and get the child benefit. The resentment may sour his relationship with your daughter, so you need to work out whether you think this is a significant risk, and how much of a difference the CSA money would make to you. It would mean the end of you having to go cap in hand to him to pay for half of school trips etc, so it's possible that it could improve relations between you by clarifying the financial responsibilities. Good luck!

It's 15% at the moment. About to reduce to 9% of the gross some time next month for new cases (v little difference).

Collaborate & Co: exactly when does CSA3 become effective? (Have friend with 10-year-bastard-ex, who is still monkeying around with child maintenance, presently under consent order).

The new "gross income" scheme is due to be introduced from October 2012 for new cases only and existing cases will be transferred over the next year or so. Under the new rules there will be no child maintenance liability when child care is shared equally 50:50.

Thanks STIDW

Sorry for the above - the figures will be 12%, 16% and 19% for 1, 2 or 3 and more children.

Sorry to crash the thread but hoping one of the nice family lawyers might be able to explain briefly what the "rules" will be under CSA3. I have seen all sorts of confusing stuff about X percentage of NRP's first £800 gross per week, then Y percentage of the next £XXX gross per week...

Also do you count as a "new" case if you have never had a CSA assessment before ( but have received maintenance by consent for years)?

The 12, 16 and 19% are for those parents who earn less than £800 a week gross. All income over the £800 a week is charged at 9, 12 and 15%.

There is a cap of £3,000 a week gross. The maximum that can be paid therefore is £482 a week. If income is over £3,000 a week the court can make a top up order.

A new case is any case that is new to the CSA.

Thanks Collaborate

I'm unclear about the deduction for additional children in the NRP's household. For one child is it 15% deduction of net earnings or 15% deduction of gross earnings?

If the former, do you then gross up the remaining amount to continue with the assessment at the appropriate percentages of gross weekly income?

I think you are getting the current system confused with the gross income scheme.

Under the current system 15% of net earnings is deducted for one child before calculating the child support liability. This therefore reduces payments by 15%.

Under the gross income scheme one child in the NRP's household will reduce their gross income for the purposes of calculating maintenance by 12%, not 15%.

To clarify, imagine the NRP earns, say, £400 per week, is paying maintenance for one child and has another child in their household. First we deduct 12% for the child in their household - £48. That leaves £352. So their payments are 12% of £352 which is £42.24 per week.

Thank you for clarifying, prh47bridge

Can someone link me to where I can read up about these figures? Thank you

The Draft Regulations are here;

www.dwp.gov.uk/docs/cmec-maintenance-calculation-regulations-2012-technical-consultation.pdf