Child support question

[phil7108]

recently split from my husband. The house we live in is mortgage free worth about £220k as we both contributed equal amounts from inheritance. We have 4 children under the age of 9. He earns £22k and said he would pay me £200 a month. He is currently renting a flat and we have not talked about selling the house but obviosuly 50% of it is his but the children still need somewhere to live. He has talked about sorting the divorce out but has done nothing as of yet. Can anyone advise roughly what the maintenance should be for 4 children? I dont want to get the CSA involved yet as it will just antagonize things.

[DSM]

What do you earn? Does his new accommodation have space for him to have the children stay?

If you want to be fair and amicable, then you need to look at it fairly.

[phil7108]

I am housewife. The flat he rents has space for the children to stop over 1 - 2 times a week.

[olgaga]

You can work it out here at CM Options.

You will also find the information and links here useful.

[DSM]

Okay, so you earn nothing, but get free accommodation. He earns 22k but pays for his accommodation.

You can get a job to give yourself income (or claim benefits if that's more suitable). If he takes the children 2 days a week, then he should pay half their care for 3 days. Say, £5 a day per child, £20 a day - £60 a week. Though you'll need to work out actual figures yourself, those seem reasonably fair?

Also split child are costs/uniforms/trips etc 50/50.

[DSM]

That calculator suggests he pay you £68 a week

[izzyishappilybusy]

Does he want more time with dcs?

[phil7108]

dcs?

[DSM]

Children

[Collaborate]

CSA would say 25% of his net income, less one-seventh for every full 52 nights a year the children stay over at his for the night.

£22k gross nets out at £1457 a month. He can deduct pension contributions from this but lets assume he has none.

A quarter is £364 a month. If he has the kids between 52-103 nights a year, this gets reduced to £312 a month. If between 104-155 nights a year it's £260 a month.

Don't let anyone guilt trip you in to thinking you're greedy accepting this. You're not. It's yours and the children's entitlement. You've posted on legal, not AIBU. The issue of the property ownership can get dealt with on divorce.

[DSM]

It is, of course, entirely up to you. I often feel that people should try to be fair and amicable in these situations. The CSA is a great tool for fathers who don't pay their way/see their children, but if you are not in this situation, wouldn't you rather reach an agreement where everyone was happy and fairly treated?

[phil7108]

exactly id rather do this on a friendly basis and not involve CSA if i can.

[DSM]

Then I refer to my original post. Work out a sum that you think is reasonable per child per day (say £5). Bear in mind this only need factor food, clothing and heating etc.

There are 4 children, so £20 a day. He has 2 days which negate two of your days. So, three days a week. £20 x 3 = £60 a week - £240 a month.

Divide your monthly childcare costs by two and add his half to the £240.

That seems reasonable?

[olgaga]

The above calculator says £91pw for a gross income of £22,000 and 52-103 overnights pa. That is the minimum CM you should be seeking.

[DSM]

olgaga - you can't have worked that out without knowing facts, I assume you made a guess, as I did, but I got £68 p/w from the same calculator.

Also, just because the CSA suggests an amount, doesn't mean you have to demand it. As we have discussed, it's best to try and be fair about things.

I wouldn't take more money than my XP could afford, if it meant he might have to give up his car, or not be able to save, or buy DS nice things when he wants to, unless a) I needed it and felt it was fair, or b) he was a prick and deserved to live in misery.

This is not the situation of the OP. Not everyone wants to take their XP for all they can get.

[Collaborate]

DSM - I had thought you an absent parent, but seemingly not from your last post. Why do you seem to suggest that fairness would dictate only a reduced maintenance figure rather than an increased one? OP hasn't posted her full financial details. We don't know her income or expenditure. Of course she can ask for what she wants. But you can't suggest she takes less without knowing the full picture, and it's for OP to judge that. No one else can.

[DSM]

We do, as I asked her. She is a SAHM and earns nothing. However she has no rent/mortgage payments.

I didn't suggest she take less, I suggested she come to an amount that she and her XH together think is fair, which is what she has said she wants to do.

I don't think taking everything you can get is always the best way. Id rather take a little less and know that XP has a good life, and can provide well not only for DS now, but save for his future. Because I do not have any adverse feelings towards him. I want him to be happy, and he I. This means me not taking him for every last penny I can scrape out of him.

Why on earth would you think me an absent parent

[olgaga]

I have the same "facts" as you do. £22,000 gross income, 2 nights a week.
So the net income (provided by the calculator) is £423 pw, weekly maintenance calculation is £91 per week.

The new gross income calculation (up to £800 gross per week) is 20% for two or more children (there is no online calculator for this yet).

So gross income is £22,000pa. 19% of that is 348 per month or £80.38 per week.

So the absolute minimum the children (this is not spousal maintenance) are entitled to is £80.38 per week.

That is not "taking the XP for all they can get". That is the statutory minimum he can expect to pay for the maintenance of his children.

[DSM]

Are you not accounting for tax or NI?

Being entitled to something and making a claim for it are not the same thing.

OP - you need to decide what you think is a fair amount.

[Collaborate]

This is the information on an annual, monthly and weekly basis.

Gross Pay £22,000.00 £1,833.33 £423.08

Tax free Allowances £8,105.00 £675.42 £155.87

Total taxable £13,895.00 £1,157.92 £267.21

Tax due £2,779.00 £231.58 £53.44

National Insurance £1,728.96 £144.08 £33.25

Total Deductions £4,507.96 £375.66 £86.69

Net Wage £17,492.04 £1,457.67 £336.39

The new gross income calculation is only being brought in for families of four or more children for now, so the gross income calculation (19%) will prevail. Olgaga is therefore correct (my mistake). £80 a week is what the CSA would make him pay, less any deductions for shared care.