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Court order and now CSA


JackieJ
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Hi All,

 

I wonder if you can help me. My husband has 2 daughters with his ex and 2 with me. He was paying his ex £1000 per month (50% of his wage!) until they got divorced and the court said he should pay £210 per month. This was when he had his daughters 3 nights and 4 days a week. Since then, the eldest decided to stay with her mum and he increased the payments to £310 per month (voluntarily). He also paid for all her clothes as her mother would not allow her to bring any to our house, half the childcare, trips, school meals etc etc etc.

Recently, the younger has complained to her mother that she is not allowed to do this, that or the other and her mother has now said that she is not going to allow the younger one to see her father. He was very upset and as she would not allow the daughter to even speak to him, he stopped paying the maintenance in May this year.

She has now contacted the CSA and he has made arrangements to make payments under a direct debit with effect from 29 July.

She is still not happy and is threatening to take him to court for the May and June payments.

Can anyone advise about what we should do?

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Do the CSA know about the court order?

 

Normally they don't get involved where an order already exists having been made by the courts.

 

who can apply?

 

Has his ex wife been naughty and not told them? If so, and the order has not expired, (I assume not if she is threatening to take him to court for the missed payments) he should inform the CSA immediately that there is an existing court order. He will then only be liable for £210 per month that the court originally ordered, and, if she wants more, then she will have to go back to court for it - but will have to show damn good reason for the increase, bearing in mind he has voluntarily increased it.

 

The court will not take a very good view of her trying to enforce payment when effectively he has been paying more than was originally ordered thus has most probably covered himself in any event.

 

Naughty, naughty ex wife. What goes around comes around - looks like her nastiness might bite her on the backside. Let it be a lesson to her.

 

ETA: The CSA might need to see a copy of the court order to cancel her application and any pending payments.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

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  • 3 weeks later...

have a look at the csa website and use the calculator for a close estimate on what should be paid, it will be a lot less than the ex thinks, childcare, trips, school meals ect are all extras that he doesn't 'have' to pay and are not taken into account.

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