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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1373
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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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: 2 years ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 years ago.
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
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Expert:  ukfamilysolicitor replied 2 years ago.
I would be grateful if you could kindly rate my answer.