Q.I am a divorcee living in London and my ex-wife resides in France with our 7-year-old daughter. I visit every 6 weeks and pay 15% of my monthly salary (the payment is £500). They visit London 3 times each year. I also have a 2-year-old daughter with my new partner.
My ex-wife remarried last week and her husband also has a 7-year-old-daughter. Does any of this affect my child support payments?
(T.C, 2 October 2008)
A.
Your seemingly simple question actually raises a lot of very interesting points. You pay the amount mandated by the Child Support Pensions and Social Security Act 2000, which amended the Child Support Act 1991 and 1995, which said the non-resident parent should pay 15% of net income as child support.
However, if the child and custodial parent are resident outside the UK, the 2000 Act doesn’t apply, according to some sources, which could leave you free to petition for a change in the amount of maintenance paid.
Also, if you have to travel long distances and spend a great deal in order to have regular contact, you might be able to petition to have the maintenance reduced.
Perhaps surprisingly, the one factor that doesn’t seem to have any influence on the proceedings is the remarriage of your ex-wife, although you might suppose that would be the one that would affect things most.
You do have a financial responsibility to your daughter until she’s 16 or until she’s 19 if she remains in full-time education; that’s very much the law.
Something you don’t say is how you and your ex arrived at the 15% of your income figure, whether it was agreed mutually, through mediation, or imposed by the courts, or whether her move to France occurred after the divorce.
It would seem that you’d like to reduce your child support payment, and that’s understandable when you’re paying £6,000 a year. However, before you start consulting a lawyer, consider a few things.
From the number of cross-Channel visits – both ways – it would seem that you and your ex are on good terms. Might it be possible for the two of you to talk and maybe arrive at a lower figure for child support? Something arrived at amicably is much better for all parties than going through a legal process.
Additionally, if you are on good terms, taking legal action to reduce child support payments could sour those good relations. Given that you have 10 more years of child support payments and visits, the goodwill might outweigh the money.
But, before you do anything, sit down and have a talk with your lawyer who can give you the proper advice in the situation.
My ex husband has taken me to court to gain access to our child.We had to go through CAFFCAS who wrote a report and put forward the rules that we had to abide by.The ex husband had regular access before and then stop access for 2 years because he would stop the CSA,Now this has been reinstated, he now continues to tell me that I need to drop to CSA, this is done via letter which he gave to our son to pass to me, then through the communication book, that our son reads, then by text, to which I ignore, and then, when he dropped our son off at the meeting place, he verbally brow bashs me infront of our son again to stop the CSA.He has even talked to our son about it, even though we were both told our son is to be left completely out of it, the ex husband still continues. We are in court tommorrow morning to finalise access so do I just continue to take the verbal grief for the sake of access or what??It's a joke, I try to do the best and still I get a verbal bashing.As I was told maintenance payments and access are two seperate issues and can not be used against the other.My ex pays Maintenance to the CSA when he feels like it and in 6 years has probably paid 3 years of that, that rest he just drags to the appeals court and it get's lost the the CSA system...
stardust - 26 January 2012 @ 12:56 PM
My wife left me 06 Oct 11 and took our (then)2 month old son. All she ever wanted was a baby and now she has him I was surplus to requirements. She wouldnt let me see my son and was constantly asking for money. I finally saw my son last Thursday (19 Jan) and it had gone ok. But then she changed her mind and said "you have seen him now why cant you just leave us alone". And I am in the Army with a tour of Afghan later in the year. She said I should use the time away to forget about him and it would be better if I never came back". I simply cannot afford a solicitor. I have been left with the marriage debt - £20,000 which I pay £530 a month. On top of that CSA are taking £700 out next month, so for March I will have no money ! From March she will get £318 per month which I find a bit steep. How can I get access to my son regularly without a solicitor ? Can I get my CSA payments lowered in anyway ?I am grateful for any help you can offer.
IanP - 25 January 2012 @ 6:08 PM
HELP!! I lost my job back in April of this year due to being made redundant, but have continued to pay 'child maintenance' via the private agreement I had since we split my ex wife. I have two children for whom I am paying a total of £300 a month.My new job does not pay as much, and I am strugling to contine to pay the £300, because of this I have used the CSA calculator to check what I should be paying, the figure it returned was considerably less to what I have been paying.How do I approach my ex wife about the reduction? (we have not had the most mutual split!!) or is it now the time to involve the CSA properly, any advice would be much appreciated.
jonny29 - 27 December 2011 @ 10:34 PM
Hi I am paying around £700 per month towards CSA which I dont mind paying.I have remarried and looking to start a new family with my wife. My question is does the payments change if im married and if we have more children does that change it also? Thanks
steveo - 8 December 2011 @ 9:37 AM
Hi, I am on CS1 rules and have been for 13 year. i have 1 daughter age 13. I am currently off sick and may soon be on half pay- what will happen with my payments will they reduce?
I also maybe redundant shortly- can my ex claim any of my redundancy pay?
Thanks
dave - 12 November 2011 @ 8:38 PM
My son who lives with his mother was 17 in June 2011, he left school in September 2010 and I was paying CSA up until then (happily).He now goes to college two and half days a week doing a photography course and has a part time job at Asda.His mother has applied to CSA again, but the court order states: "maintainance shall be paid via CSA until he leaves FULL TIME education"Do I have to pay ?Many Thanks.
chippie - 6 November 2011 @ 1:03 PM
Hi there,
I work full time and my child 18 is in the second year at college. My child does the bare minumum of 10 hours a week at college and does two part time jobs and now pays emergancy tax.
So my questions is, should I still be paying the CSA,when they havent informed them my child is working?
Great site by the way
southern guy - 30 October 2011 @ 10:45 PM
I have a son who will be 10 in December, he lives with his mother who I never married. I have paid towards his upkeep regularly and this is now dealt with by the CSA. His mother is now in a same sex relationship and they have subsequently "married". I understand that as my son was born before 1 Dec 2003 that I have no legal rights over him any more and that his mother and partner can adopt or change his name without my permission. If they do adopt him, which I believe to be their aim, do I still have to pay child support?
NEIL - 14 October 2011 @ 3:50 PM
My ex and I got divorced 2 years ago. After the decree absolute, we did not have any formal child custody / visitation agreements. Now my ex is not allowing me to see or talk to my son over the phone. CSA is deducting 700 from my pay monthly. Now I hear rumors that my ex is seeing someone and wants to get married. What are my options? Can I apply for child custody on the basis that she re-marrying? what are my chances? your input is much appreciated.
Jacob - 12 September 2011 @ 7:44 PM
My ex girlfriend and I have been living in london for the last 10 years. We have 2 children (aged 9 and 6). We separated this summer and she left with my daughters in France. I agreed with that but we can't agree with the amount of charge support. Can the cost for the traveling to France be taken in consideration regarding the amount I have to pay ? Thank you
SLRD - 30 August 2011 @ 11:39 AM
My partner has 3 children who he's been paying child maintenance for, since he split with their mother 12 years ago. They are now, 20, 17 & 16. The 20 year old is working (ocassionally!) - so he no longer supports him. However, the 17 year old is at college studying English & drama & the 16 year old has just left school & is 'possibly' going to college depending if he can get in. He will just be doing Business studies as he has no idea on what he wants to do. Their father & mother agreed the maintenance themselves so has not gone through the CSA. Is he still entitled to pay for the 2 at college until theyre 18 or 19, or is that only if theyre taking A levels. Its all so confusing! OR - if he still needs to pay - should the payments be reduced as they're now both able to get saturday jobs? Any advise would be greatly appreciated!
sable - 22 August 2011 @ 2:20 PM
Hi, I am just separating from my girlfriend. We have one child. According to the csa calculator I should pay around £34 a week less an allowance for probably 2 nights a week. And I am basically happy (wrong word) with that.However I am paying off a debt of around £9,000 and although in my name it is really a "shared debt". And feel that my girlfriend should be at least 50% responsible. My first assumption is that she will not be interested in helping. But if I pay £20 per week off my debt will I be allowed to offset some of this against what I pay her. I want to be fair and support my son but need guidance as to what is a fair balance. She will be better off than me financially and continue to live in "our house" owned by her parents and not pay rent so it is not that she will be struggling exactly. Regards Mat
mat - 2 August 2011 @ 10:09 AM
Hi. I have been paying £800 a month since year 2000 and have never been moved onto the new calculations. Now my ex wants more. I had a child with my new wife in 2005 but never reduced payments. My questions are - have I been over paying and do I have 'credit' built up or can claim back to use for any increase my ex may come after me for?Neil
Neil - 13 July 2011 @ 3:14 PM
As your circumstances have changed you may be entitled to a reduction in your child support payments. Contact the CSA as soon as possible informing them of the change in your income.
SeparatedDads - 29 June 2011 @ 11:19 AM
I recently lost my job. I have informed the CSA. I have since got a new job that is better paid but with less benefits, i.e. no company car. I also have to travel and stay in london for the job. I actually have less money left over with the new job compared to the old one, so I cannot possibly afford the £150 a week the CSA want. What do I do?
HDD - 28 June 2011 @ 10:54 AM
I looked into recouping travel costs from maintainence payments through CSA. I was told there is no litrature on the subject, as it is a "such a rarity" it was exlpained to me, but is very dificult to work out, and not at all generous. Really not worth the effort involved for me to claim for one week stay and 500 miles of traveling.
