CSA v Court Order

mumoftwins

Hi,

When my ex and divorced 3 years there was a Court Order set up for him to pay maintenance for the children, reasonable out of school activites and school uniform (he's on really good money by the way).

Last March I went to the CSA to get a one off increase in the monthly amount as the children and I needed a bit extra each month with all the increases in everyday living costs (I knew he would have had 2 payrises and large bonuses).

However, he is now refusing to pay for out of school activities (swimming and scouts) as he says that the Court Order no longer stands for anything as I went to the CSA.

Can anyone advise please as to whether this is correct?

Donedoingdebt

I do believe that the CSA takes precedence over a court order, although I'm not absolutely certain.
I'm surprised that the court system took your case on in 2005 as I thought that was the job of the CSA since it's introduction.

Mips

mumoftwins wrote: »

Hi,

When my ex and divorced 3 years there was a Court Order set up for him to pay maintenance for the children, reasonable out of school activites and school uniform (he's on really good money by the way).

Last March I went to the CSA to get a one off increase in the monthly amount as the children and I needed a bit extra each month with all the increases in everyday living costs (I knew he would have had 2 payrises and large bonuses).

However, he is now refusing to pay for out of school activities (swimming and scouts) as he says that the Court Order no longer stands for anything as I went to the CSA.

Can anyone advise please as to whether this is correct?

Oh dear that's a shame - did you ask him for a little extra before going to the CSA?

zzzLazyDaisy

Court orders for maintenance of children can be made outside the CSA system with the consent of both parties. However, a subsequent CSA award will nullify and supercede an existing court order.

CSA awards are for the maintenance of the children only. Extras, such a school fees for example can still be obtained by court order on top of the CSA award, as can mainenance for the caring parent. I'm not sure that swimming lessons and scout fees fall into that category.

Sounds like you need to see a solicitor.

mumoftwins

Had some advice via email from a local family law solicitor:

"The child maintenance being paid indicates a net salary of around £**,000 pa which equates to around £**,000 gross. You should appeal the CSA decision if your consider it incorrect.

Your ex is correct in that the court no longer have jurisdiction in relation to child maintenance as you have approached the CSA.

The undertaking to pay extras is still binding on your ex it has nothing to do with child maintenance. The undertaking is a legally enforceable promise to the court and is enforceable in the court unless your ex makes an application for release."

So it seems I was correct in what I thought - thanks for your help all and yes dippychick I did ask him initially but he's not the easiest man to deal with!

Mips

mumoftwins wrote: »

Had some advice via email from a local family law solicitor:

"The child maintenance being paid indicates a net salary of around £**,000 pa which equates to around £**,000 gross. You should appeal the CSA decision if your consider it incorrect.

Your ex is correct in that the court no longer have jurisdiction in relation to child maintenance as you have approached the CSA.

The undertaking to pay extras is still binding on your ex it has nothing to do with child maintenance. The undertaking is a legally enforceable promise to the court and is enforceable in the court unless your ex makes an application for release."

So it seems I was correct in what I thought - thanks for your help all and yes dippychick I did ask him initially but he's not the easiest man to deal with!

There you go then!

You can claim your money through the CSA.. and if he tries to back out of paying for the extras you can complain to the Court.

kelloggs36

I would argue that he would get away with this on the grounds that the court order made the order as part of the child support that the extras are paid, and therefore the whole court order is now nul and void as the CSA have superceded the order. Try and see

mumoftwins

kelloggs36 wrote: »

I would argue that he would get away with this on the grounds that the court order made the order as part of the child support that the extras are paid, and therefore the whole court order is now nul and void as the CSA have superceded the order. Try and see

The solicitor who advised me had a copy of the Court Order so he has seen how it has been worded - so fingers crossed!

MXW

I have a court order for maintanance payable for my two children, the order was made in 2002. My ex has approached the csa on several occasions to deal with the maintanance through the csa not a court order, however they do not have the authority to over rule the court order, the court order would have to be discharged first by the courts to enable the csa to deal with it. I think it all depends when the court order was made.

allenx

My daughter is 12, i have never received a penny!! This has been going on for years, its now to the enforcement stage, im stilll getting no info from the csa. He only lives down the road, he doesnt want anything to do with her, when she was born, his mum said, we dont do babys do we *****!!!!!! She wouldnt even hold her!!! This was her first and only grandchild!!!!, her daughter is unfortunatley unable to have children. Luckily i have been with someone for 8 and half years, she thinks of him as her dad, she calls him by his name though and never mentions the biological person, she has never asked about him, if anyone mentions dad she says its ****, her stepdad, he has been with her since she was 3 and she loves him to bits. I would personally prefer not to have anything from that person, i have never mentioned his name in vain by the way, she has never asked although she knows her stepdad, who she calls her dad is her proper dad. Confusing to some but i hope a few of you know what i mean. I am really angry at the csa, they have made phone call after phone call to me, ive told them all the info i have, which is perfectly enough to trace him as he lives at the same address, and its still taken 12 years for it to go to enforcement action!!!! My friend who moved out after she was unfaithful, he was still seeing his child 3 x weekly and paying for all clothes clubs etc, it took the csa 2 weeks to get in contact with him and up his payments to over half of his wages, how is he meant to live, hes doing it on credit cards at the mo and has been for over 3 years!!!!!!!!! The amount of debt he is in is unbelievable when it was all amicable before the csa got involved, he was paying plenty before. My gripe is, how can someone who hasnt paid a penny in 12 years, get away with paying nothing for so long when they knew his address all the time, he manages to go to the pub every night and spend his money there at the britttania arms!!! I think the whole system needs a rethink, it really is ridiculous at the moment. xxx

Loopy_Girl

Christ knows....my ex is so poor he doesn't even have to pay £5 a week but has money for foreign holidays - go figure eh?!!!!