Hi ia have one son 11 years old my partner left after several affairs and took my son from family home and is now in rented accommodation. I have been to court twice and have parental responsibility ( not married). And an acces order he stays with me in for 130 nights of the year. The csa calculate a weekly payment of £216 pounds less 2 nights(2/7) making a payment of £154.29 per week. The nightly rate is calculated the same for both of us ie £30.83. It seems quite straight forward to me that she is entitled to £30.83 x 235 (nights) which is£7,245.05 per year divided by 12 is a monthly rate of £603. Unfortunately they say this not right because of the band in which I fall ie I would pay the same if he stays with me for 104 nights or upto 154 nights a year I am therefore paying maintenance for an extra month when he doesn't reside with her I am told this is the law and there is nothing I can do about it ? Also when the calculation is done the weekly figure for for is rounded up to the nearest pound but for my reduction ie nights with me it is not again I am told by some csa workers it is the law and by others they do this sometimes but not always when I ask for the detailed legislation I am told that this is not available are they just making it up as they go along why am I paying for nights when he is resident for me thank you for your help this all seems stacked against the non guilty party especially as there doesn't appear to be any accountability I have made a card payment today but they won't issue areference number or receipt is this normal practice
Province/Country relating to question : Uk
HiI am afraid that the overnight reduction is not calculated on a night by night basis but on the relevant band and this cannot be challenged.This is part of the basic legislationThe rounding up/down is not covered in any legislation that I have ever seen and should at last be consistent They are not required to give receipts.Claire
25 years experience of all aspects of family law
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).