CSA Deduction Advice Needed.

[CremeEggThief]

My STBXH seems to think he can deduct travel and accommodation expenses involved in visiting our son every other weekend, from the basic maintenance payment. Is this possible? He chose to move away after the marriage broke down. So far, we have had a private arrangement. DS stays with him fewer than 52 nights a year and is his only child. His new partner has no children.

I can't get in to see my solicitor until next week, so advice urgently needed please.

When parents have a voluntary family based arrangement they can agree between themselves what is suitable for their particular circumstances.

When no agreement can be reached and the CSA/Child Maintenance Service is involved a basic calculation is made and then the non resident parent can apply for a variation on the basis of expenses related to contact including travel and accommodation if a return journey is impractical.

However the expenses aren't deducted from child maintenance payments £4£. The first £10 or £15 pounds of reasonable expenses are disregarded and the expenses are then deducted from the non resident parent's income before the usual maintenance calculation is made.

For example, under the 2003 rules if your ex's net income is £300/week and expenses relating to contact average out at £50/week the first £15 pounds would be deducted from the expenses. Then the remaining £35 expenses would be deducted from his income leaving his assessable income at £265. The maintenance calculation for one child would be 15% of the assessable income - £39.75. (As way of comparison before variation the amount of a CM calculation would have been £45 so the difference is £5.25/week)