How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask ukfamilysolicitor Your Own Question

ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 727
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
74916426
Type Your Law Question Here...
ukfamilysolicitor is online now

My ex is looking at reducing his CSA we have had a planner

Customer Question

My ex is looking at reducing his CSA we have had a planner in motion only got the last 8 weeks. In that time I have been away for 2 weeks with the boys and my ex is going away for 1 week without the boys. Hey says he will be having the boys for over 53 nights. Which with the above he will not have been able to. He has told me to ring the CSA and tell them that he is having them 5 nights a month. And will stop the boys who have do far slept over 9 times since June 12. Do I tell the CSA there is a change or do I wait till this planner has been in motion for 6 months. I am more than happy in this time to give him his £6 week back till I know he is fulfilling his obligation
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your question.
My understanding of your question is that:
- your ex has only recently started to spend time with your son
- you and your ex have agreed a plan whereby your son will spend 53 nights a year with your ex
- your ex is seeking to reduce his payments for Child Maintenance on the basis that your son is spending 53 nights a year with him
- whilst you are happy to agree a reduction in the maintenance you are concerned about the fathers commitment - and the subsequent affect on your maintenance if he doesn't keep to the agreement in relation to the time he spends with your son
I can confirm that - If your son spend some time with the paying parent, this will reduce the amount of child maintenance he pays. There are different ‘bands’ which determine how much child maintenance is reduced by. The amount of child maintenance is reduced for each child who spends time with the paying parent. As under the agreement you have reached in relation to your son spending time with you ex being between 52 and 103 nights then your child maintenance is reduced by 1/7th for each child.
If you are currently receiving £190 per month in child maintenance then these payments would reduce by approx £27 per month.
If you are worried about you ex's commitment and you actually think that you ex is spending less than 52 nights a year with your son, ie because your ex has not kept to the plan the you should not ask the Child Maintenance Service to reduce your payments.
It is very important that you keep a calendar marking on it the actual nights has spent at your ex's. As long as the time you ex spends with you son remains less than 52 nights per year then your maintenance would not be reduced.
If your ex disagreed the it would be his place to contact the Child Maintenance Service - he should not pressurise you to ring them on his behalf. If your ex did contact CMS asking for his payments to be reduced the he would have to prove that he was having your son for the 52 nights or more. You should provide the CMS with copies of your diaries to prove that he isn't. If the CMS don't side with you then can ask them to re-evaluate their decision.
If you therefore believe that the time that you son is actually spending with your ex does not equate to over 52 nights a year - then keep a diary to prove it.
Kind Regards
Caroline
I would be grateful if you could kindly rate my answer. Positive feedback is gratefully received.
Expert:  ukfamilysolicitor replied 1 year ago.
I would be grateful if you could kindly rate my answer.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice