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Hi. Despite on a very low income and because my ex contacted the csa out of spite (she doesn't need the money) , I have been assessed as having to pay her a minimum sum each month. Because I am on a low income I am now concerned that I will be unable to afford to look after my daughter. When she is with me 3 days a week I provide food, clothing, medicine, presents, toys, everything. I struggle desperately to do this but just manage. How can it be right for the csa to demand I now pay my ex in these circumstances. Have I any rights to insist my ex supplies food and nappies for me out of this money. I am absolutely stunned byy a system that an treat an honest ,loving and devoted father in this way.
Unfortunately, the maintenance you pay covers (or contributes towards) looking after your daughter when she is with your ex. You are generally expected to pay for food etc (not clothes though) when she is with you and, realistically speaking, you would have no way at all of enforcing any requirement for her to provide anything. Because you are paying the minimum (presumably the 5 per week flat rate), there is no scope to reduce this further for any reason.
Hi tel
When you say 3 days a week do you mean overnight? This does make a difference. They award 15 % of your income then reduce this dependent upon how many days you have the child overnight. Keep an accurate diary. Once you've done that for one or 2 months then go back to the csa and ask for a reassessment. They base who the main carer of the child is on who gets the child benefit. The child benefit agency make their assessment based on a number of factors which include:
1) Where are they registered at the doctors and their schools for their home address?;
2)Who do they stay with when they are ill?;
3) Who has them overnight the most times?;
4)Where are their clothes kept?:
You can always challenge main carer status with the child benefit agency but only if the above questions are in your favour. I did and am now main carer for one of our 2 children and it makes no difference to the kids situation as essentially my ex is half decent and the kids are old enough to have their own opinion. (perhaps that's why she's decent?)
- Samaritans – call 116 123
- Shout – text the word ‘Shout’ to 85258
