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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34897
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.


However the CMS are no more competent than the CSA

You may find this website useful

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