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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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 am paying my ex husband child maintenance. This was agreed

Customer Question

I am paying my ex husband child maintenance. This was agreed as part of the divorce settlement 2 years ago as I was the breadwinner and work full time, he works 2 days a week. This was agreed at mediation and he took 70% of all assets because he had a low paid job. We share our 2 children exactly 50/50. I asked the CSA to assess my case last year and they assessed the amount and it got adjusted. Now 12 months on they are re-assessing. I don't understand why I am seen as the non- resident parent when it is 50/50, and also I pay for everything to do with schooling and manage everything to do with their welfare. His circumstances are changing in the next 2 months. He is selling his flat and moving in with his girlfriend. He will have all the capital from the sale and in fact more money than me as I am paying a mortgage and he is mortgage free. What can I do?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How old are the children and when did the CSA first become involved?

Customer: replied 1 year ago.
Hello Clare13 and 8, 12 months ago.
Expert:  Clare replied 1 year ago.

Do you share their care exactly 50/50 and could you prove it?

Customer: replied 1 year ago.
we do. The CSA have told me they know it is equal care 50/50.
Expert:  Clare replied 1 year ago.

But the CSA did not make a nil assessment?

Customer: replied 1 year ago.
No. They assessed that I have to pay him. The first person I talked to a year ago thought it would be nil however then it came back that I have to pay. When I asked they couldn't explain they just said its the system based on my salary. Now it's 12 months on and it's the re assessment and with circumstances changing I want to change it.
Expert:  Clare replied 1 year ago.

Did you appeal that first assessment at all?

Customer: replied 1 year ago.
No I didn't I had many conversations on the phone with different people when I questioned the first amount they reduced it but said it was the amount to pay.
Expert:  Clare replied 1 year ago.

Under the newest rules where there is true 50/50 shared care then there should be a nil assessment - it is just that the CMS/CSA are very very bad at applying their own rules correctly.

Unless it is a nil assessment this time appeal it immediately - and then continue appealing as necessary - and always always deal with them in writing

Please ask if you need more details

Customer: replied 1 year ago.
They are saying they need to ascertain who is the main carer and if we disagree ( we do) then they will decide based on who claims child benefit. He claims it. I can't due to earnings. This is wrong. I am the carer. What do I do?
Expert:  Clare replied 1 year ago.

What evidence do you have of the true position?

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 1 year ago.

Are you aware that a phone call will cost more?

Customer: replied 1 year ago.
No I didn't know
Customer: replied 1 year ago.
But, I understood from you that a true 50/50 equals a nil position but they are now saying they need to ascertain which one has true care. They are saying the decider is child allowance. Is this true?
Expert:  Clare replied 1 year ago.

No

However the CMS are no more competent than the CSA

You may find this website useful

http://www.nacsa.co.uk/index.php/cs3-equal-shared-care

the fact that you in fact cannot apply for the Child Benefit further emphasises the nonsense that the statement is

When the CMS complete their assessment appeal it immediately - and in writing.

Never deal with the CSA/CMS by telephone