Dad isnt paying for second child but please read before condeming.

[Boobars]

My ex and I have two children.

One the 12 year old lives 7 days with me and 7 days with his dad the other a 10 year old lives with me and sees her dad.

Since the 12 year old has moved with his dad my ex has stopped paying maintance for the 10 year old. I do have the child benift for both children.

Would like few of people both males as well as females as not sure what I should do. any mention of money and the rows are really unbareable so would need to go to CSA for one child if that is the case. would not claim for the other as not fair to do so I think as he spends half his time with his dad. Thoughts please.

[redcrx]

the CSA can calculate the payments based on time spent with each parent you know.
Therefore speak to them and give details of both children giving all the information about the time shared at each address.

[ummmm]

How often does the 10 year old see her Dad?

[bobjugs12]

Can I just clarify. The 12 year old spends half her time at yours and half her time at Dad's. How often does the 10 year old see her dad?

[ummmm]

You won't be due any maintenance for the 12 year old. As you receive CB for both children I don't think you'll be due much maintenance for the 10 year old.

[ann_h]

Ummmmm - Receipt of maintenance is not calculated accounting for other income eg CB. of the parent with care, only by the income of the non-resident parent. Not always fair, but there you go.

12-year-old =CSA would not award any maintenance for a child spending equal time with both parents.
10-year-old =CSA reduce the full maintenance amount according to the number of overnight stays made.

At a guess, you might get about 10% of his take home pay. You need to decide if this money is worth it versus any unpleasantness. Does he already pay for things for your daughter otherwise, for example? Do you feel he can afford this money better than you? Has he had to reduce work to share care of your son, for example?

[Boobars]

The younger child see him every other weekend and on a tuesday night. just want advice

[ann_h]

We're only asking in order to give you better information, no-one is judging or poking about. And the replies you have received from us are advice and nothing else.
Hopefully a few more people will pick up this thread and give your their thoughts too.

[Boobars]

Sorry ann-h didn't mean it to be sort or sound rude. thanks everyone who has but their thoughts down. much appreachiate your veiws.

Sorry once again.

[jcamacd]

The CSA legislation considers that the person who gets the child benefit is the main carer of the children, that is you. If you do make a claim for child maintenance your ex's income is looked at, for 1 child it is 15% for 2 it is 20% of his net income. He would qualify for a shared care allowance for any child who stays overnight with him. The way you describe it he would be allowed 3.5 nights weekly for your older child. The CSA can calculate an assessment and collect payments on your behalf or you can agree to your ex paying the assessed amount to yourself. If he refuses to pay the CSA will enforce payments. If he is employed he will have money deducted from his salary, if he is in arrears this can be as much as 40% of his take home pay. If he is self employed he will be taken to court and a liability order is always granted. This can lead to bailiffs calling on him if he lives in England or Wales, Sheriiff Court officers will enforce payments in Scotland. Legislation allows that they revoke his driving licence and passport, it also can force sale of his home. Non resident parents have also been sent to jail for not paying child maintenance. I have worked at the CSA for 17 years, hope I have helped.

[Boobars]

jcamacd

What happens with the child benefit as I say I am the one who takes both children to doctors, dentist, haircuts pays school trips and uniform ect. will he fight for that or have the entitlement spilt in half. Its scarry and i really dont know what to do. My new parter is great and he treats both my children the same as his own i am very lucky i just don't know if its worth the upset and heart arche that it could and will bring as my ex is not a very nice person and show me no respect the kids believe him over me hands down most of the time. the just say its fair kids don't understand and it may push the other one to stay with dad 7 days. I dont know if I could cope with both going half time.

[jcamacd]

Sorry I didn't get back to you sooner.
He has NO claim on child benefit. You are the main carer it is yours. If he tried to make a counter claim, the Child Benefit Centre will tell him where to go. I deal with bullying Non Resident Parents like this every day and they get quite a shock when they find out that all those legal eagles down the pub are talking rubbish! If the CSA calculates the amount he should pay he will be given a full allowance for any nights the child or children stay with him. Some people may not think it fair that he has to pay for a child that spends half its time with him, but it is the overall welfare of the children that is considered and that means that the child is entitled to a fair share of the NRP's income especially if the NRP earns a lot more than the Parent With Care. The PWC is the one the legislation regards as being the person more responsible for day to day care and therefore will know how to use child maintenance payments for the benefit of the children. My advice is call CSA National Helpline and make a claim.
Good luck

[Boobars]

Jcamacd thank you. Well after 6 months and no money and talk that he will do this and that and guess what he didn't I have made a claim ! My heart is in my mouth but I am fed up with the bullying and telling me whats fair. I probably wont get anything as he'll go self empolyeed and fiddle it or will go on the dole.. Fact is I dont care, 2011 is my year to finally sort this and if it means I end up with both children half time then that is something I will have to deal with Really hope that it doesn't happen but we will see Thanks for the help you guys and wish me luck