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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33528
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have an 8 year old child and am separated from the father.

Resolved Question:

Hi
I have an 8 year old child and am separated from the father. We were not married. The father pays me £300 pcm and argues this is fair due to his low income. However, I know that he can afford more because he has a large amount of money in savings, investments and properties. I have been told that child maintenance via the CSA is calculated on income only and savings, investments and properties are ignored. Father is a very clever and I wouldn't be surprised if he is deliberately not drawing on income from his investments in case I ask for full and frank disclosure but I am not sure if I can ask for this as we were not married? This seems unfair and I would like to know if there are steps I can take towards Father's actual ability to pay being the criteria and not just income from employment, which is in his case, quite low.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionIs there actually a CMS/CSA assessment in place?
Customer: replied 1 year ago.
HI again Clare! It's me again.
No, there isn't. But if there was, on the basis of income alone he would pay a lot less than the £300 pcm he is currently paying.
Customer: replied 1 year ago.
Btw I have asked F for more maintenance three times and he has refused giving his low income as the reason - and the fact he lost his teaching job as a result of the court case and is no longer employable as a teacher.
I also attended mediation last year and asked for mediation but F refused on the basis that he could not afford to attend mediation!
Expert:  Clare replied 1 year ago.
Hi
Unfortunately the latest changes in the CSA rules means that assets are no longer assigned a notional income which is then available for assessment.
However any dividends and interest he receives are available for assessment so to an extent it is your gamble whether you apply or not.
I am afraid that there is no other way that you can apply for child maintenance via courts unless you can show that he has income of more than £2000 a week
Please ask if you need further details
Clare
Customer: replied 1 year ago.
Hi Clare
When you say it's my gamble, I need to have an idea of how much income he would need to be receiving for it to be seen as fair by the court that he pays more maintenance. He gets rental income of approx £1200 pcm from our ex-family home at present, as well as maybe a few hundred from work and maybe a few hundred in dividends and other income so probably has an income of Between £2-3,000 pcm If this was proven to be the case would it believe the court order him to pay more than £300 pcm. Is there some method of estimating what is considered reasonable amount of child maintenance in relation to income? I heard it was one third of income but I may be mistaken.He sent me an email the other day saying he had offered to pay for my daughter and the two children of his new partner to have piano lessons. This amounts to about £360 per month if one lesson is £30. Thanks
Expert:  Clare replied 1 year ago.
Hi
In fact the calculation is set out in the newest CSA rules
He should pay 12% of 86% of his income form all sources (the 14% deduction is for the two chidlren in his household) with a deduction if he has the chidlren overnight more than 52 nights a year
So if he does have an income of £3000 what he is paying is about right
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33528
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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