PDA

View Full Version : Court Order Vs CSA



admin
01-24-2011, 12:03 PM
The answer is that you can now apply directly to the CSA for assesment. Once the assesment is made the order becomes null and void and all matters relating to child support are dealt with by the CSA.

admin
01-24-2011, 12:03 PM
As yours is over 12 months now you can proceed with the CSA.

vnichols
01-24-2011, 12:03 PM
was there ever an answer for this or did either of you two find out the answer ? Would love to know as in the same situation!!!!!

vnichols
01-24-2011, 12:03 PM
Thank you for replying, that is great news although we have read the CSA site and it says this:
If there are maintenance arrangements for a qualifying child, such as a maintenance order from the courts, the Child Support Agency may not be able to accept an application for a child maintenance calculation. This rule applies where there is:

a written agreement between the parents for the non-resident parent to pay regular child maintenance made before 5th April 1993.
a court order which requires the non-resident parent to pay regular maintenance for the qualifying child made before the date that the new scheme was introduced for new cases.
court order which requires the non-resident parent to pay regular maintenance for the qualifying child made after the date that the new scheme was introduced for new cases, which has been in force for less than a year
In these cases, parents who want to change the existing maintenance arrangements can ask the courts to look at how much should be due for the children.


without delving into your circumstances, did this work for you? CSA overriding the court order?

Shejay
01-24-2011, 12:03 PM
My partner has a consent order whereby he and his ex partner meet halfway with their daughter for visitation, she is now claiming to be disabled and says the consent order is invalid. She is refusing to do her share of the journey and my part ner is now having to drive 1200 miles a month. Can he claim a reduction from the CSA for the extra costs incurred

jandy100
01-24-2011, 12:03 PM
Probably going to try this one too, I'll let you know how we get on.

jandy100
01-24-2011, 12:03 PM
Been to the solicitor. As the court has signed the consent order, and it has other financial matters in (ie. the house, not just maintenance) then I can't go to the CSA, can't pay my son direct & can't do anything about it! Oh well. I've been paying for this long so another three years to pay for an adult who's not even living with the person who's getting the money isn't going to make a lot of difference - until we start our own family next year & have another child to support and won't be able to reduce the payment, as the CSA calculations work out! Word of warning to everyone out there - make sure you get a good solicitor, no matter how much it costs at the time, I'm paying for it now.

henry1974
01-24-2011, 12:03 PM
my advice it not to get a solicitor they want your dosh and not much more), use the cab and sort out yourself , i couldnt afford a solictor , my partner has one , challengeing it might be but im getting my say, where possible try and agree an arrangement for maintenance without csa , they are robbing you too . dont forget your children need you . ! and your partner does too for a cash machine .beware stand your ground amicably

smokey
01-24-2011, 12:03 PM
We tried that but the CSA rejected our application and said we had to go back to the courts

Jonathan61
01-24-2011, 12:03 PM
I need some advice. My ex wife and I agreed maintenance for our 3 children on March 20, 2003. I have paid this maintenance despite having to borrow money to do so. After 11 months I had to reduce it and appliced to the court to go through this process. My circumstances changed and I can no longer afford the amount we agreed. I have done the calculation on the CSA site and by that I should be paying half the agreed rate from the court order (bad legal advice!!). We have exchanged Form E and have a court date set for April 16. Her Form E is blatant lies...ie she has no income when I know she runs a lucrative cash business and has cheques made out to the nanny etc...I realise it is only my income that is taken into account but it is still frustrating. In the meantime I contacted the CSA and they tell me that as 12 months has passed the Court Order can be put aside and I can apply to the CSA and pay maintence through them. My question is how does the court order become overturned? Do I have to go to court to do this? Now the case has started do I have to continue?
Any help would be great!
Thanks

mylife0015
01-24-2011, 12:03 PM
Can anyone answer this question?? I'm desperate to get an answer from this one too !

Editor, pretty please?