Child Maintanence. Court Order vs. CSA guidelines
Discussion
I started out writing what would have been an extremely long-winded explanation of my circumstances in connection with this post, but hell - It would bore you to tears no doubt, so here is my situation and question in a (relative) nutshell...
I currently pay via court order, a hefty amount of child maintenance, as agreed when me and the ex-wife got divorced 7 years ago.. (I was battered,bruised and depressed and agreed to more or less anything for an easy life!). Having looked on the CSA website a few years ago and used their online payments calculator, I later realised that I was paying over 3 times what they reckoned I should pay, using their easy to follow formulae. ie. For 2 children, 20% of gross weekly wage, less one seventh of that, for every day that I have the kids overnight- In my case, thats 3 nights every week, so that 4/7ths of the 20%. As I said, using this calculation, I am tied to paying over 3 times that amount remember....
This has been eating away at me for years now, so my question is this...
If I were to challenge the court order and try and get the CSA to reduce my payments to what they say I should be paying, which side would win? Her with her court order argument or me with the CSA on my side (if thats not a contradiction of terms)?
(As an aside and in a non-legally binding way, I also take them on 2 holidays a year, have voluntarily - though with my arm twisted up my back, increased my payments of 50% of their school fees to 66.6%, have additionally paid for 95% of all their clothes since the split and generally it's me that shells out when other expenses crop up. She lives with her new husband in a 5 bedroom detached and have another 5 bed house which they rent out - so they are hardly paupers... I have only fairly recently been able to move out the 2 bed terraced I occupied for 5 years (just thought I'd mention that, though I know it has no legal bearing..)
I currently pay via court order, a hefty amount of child maintenance, as agreed when me and the ex-wife got divorced 7 years ago.. (I was battered,bruised and depressed and agreed to more or less anything for an easy life!). Having looked on the CSA website a few years ago and used their online payments calculator, I later realised that I was paying over 3 times what they reckoned I should pay, using their easy to follow formulae. ie. For 2 children, 20% of gross weekly wage, less one seventh of that, for every day that I have the kids overnight- In my case, thats 3 nights every week, so that 4/7ths of the 20%. As I said, using this calculation, I am tied to paying over 3 times that amount remember....
This has been eating away at me for years now, so my question is this...
If I were to challenge the court order and try and get the CSA to reduce my payments to what they say I should be paying, which side would win? Her with her court order argument or me with the CSA on my side (if thats not a contradiction of terms)?
(As an aside and in a non-legally binding way, I also take them on 2 holidays a year, have voluntarily - though with my arm twisted up my back, increased my payments of 50% of their school fees to 66.6%, have additionally paid for 95% of all their clothes since the split and generally it's me that shells out when other expenses crop up. She lives with her new husband in a 5 bedroom detached and have another 5 bed house which they rent out - so they are hardly paupers... I have only fairly recently been able to move out the 2 bed terraced I occupied for 5 years (just thought I'd mention that, though I know it has no legal bearing..)
Ask the CSA for a case review. They will review your situation if there is a 5% or more change in your wages. They should then ask you for copies of wage slips etc and recalculate your payments.
Not sure how this would work with your court order, so try calling the family officer at the court. They may have a solution especially if you are paying over what they class as your means.
HTH
Not sure how this would work with your court order, so try calling the family officer at the court. They may have a solution especially if you are paying over what they class as your means.
HTH
Edited by mrsxllifts on Thursday 4th September 20:04
Cannot help sadly, but here
http://www.parentscentre.gov.uk/forum/categories.c...
might be a better place for you to seek advice.
Good luck.
http://www.parentscentre.gov.uk/forum/categories.c...
might be a better place for you to seek advice.
Good luck.
When I got divorced many years ago, we settled the maintenance by means of a court order. The settlement was very good for her, she got the house and all the equity in it, and a rather hefty part of my salary written into the court order. Like you, I just wanted out, and didnt want to argue the toss with the b
h from hell.
10 years later, BFH has a bolt from the blue telling her that the CSA will actually take more off me than the court order, due to what was a substantial amount 10 years ago not being such a lot in comparison these days.
I had to fill in all the CSA forms, jump through all the hoops, loads of phone calls etc, but in the end the CSA decided that they could not up the maintenance, as I was already catered for with the court order.
Good news for me, but probably not good news for you I suspect. Hope it helps in some small way though.
h from hell.10 years later, BFH has a bolt from the blue telling her that the CSA will actually take more off me than the court order, due to what was a substantial amount 10 years ago not being such a lot in comparison these days.
I had to fill in all the CSA forms, jump through all the hoops, loads of phone calls etc, but in the end the CSA decided that they could not up the maintenance, as I was already catered for with the court order.
Good news for me, but probably not good news for you I suspect. Hope it helps in some small way though.
Amused2death said:
Cannot help sadly, but here
http://www.parentscentre.gov.uk/forum/categories.c...
might be a better place for you to seek advice.
Good luck.
This.http://www.parentscentre.gov.uk/forum/categories.c...
might be a better place for you to seek advice.
Good luck.
But avoid all the bitternes, the contact deniers and the like.
Family disputes do not bring out the best in people and there's a lot on there with axes to grind.
DinkyToy-boy said:
This has been eating away at me for years now, so my question is this...
If I were to challenge the court order and try and get the CSA to reduce my payments to what they say I should be paying, which side would win? Her with her court order argument or me with the CSA on my side (if thats not a contradiction of terms)?
I found this If I were to challenge the court order and try and get the CSA to reduce my payments to what they say I should be paying, which side would win? Her with her court order argument or me with the CSA on my side (if thats not a contradiction of terms)?
"Who can't apply for child maintenance through the CSA?
There are some instances where, because of a parent's circumstances, we may not be able to accept an application. For example, we may not accept cases where:
the parent with care or the children are living abroad
the non-resident parent lives abroad and does not work for a UK-based employer
a court order covering child maintenance was made before 3 March 2003, which says the non-resident parent must pay child maintenance
a court order covering child maintenance was made on or after 3 March 2003, but has not been in force for 12 months, or
there is a written maintenance agreement which was made before 5 April 1993.
If there is an existing court order or written maintenance agreement (like the ones described above) and either parent wants to change it, they should apply to the court where the child maintenance arrangements were made."
so given the number of years you mentioned above it would appear the CSA cannot do anything for you, you'd need to go to court to try and reduce the payments...
Gassing Station | The Pie & Piston Archive | Top of Page | What's New | My Stuff