Court v CSA

Dancing_Shoes

Who has more power when it comes to Child Maintenance? i.e if the CSA assess you at a certain figure what is to stop your ex going to court to get more?

Blob

As I understand it the Courts decision on CM will be overturned by the CSA, they have that power. As to whather they will do this in favour of a NRP is a different question all togeather.

ann1971

CSA can only use a certain amount of weekly income to do assessment (think its £2000 PER WEEK). If an NRP has more income than the maximum used a pwc can apply to the court for a top up based on a percentage of the remaining income.

Dancing_Shoes

So if your income is within the csa criteria and they have issued an assessment can the pwc go to court just because they want more money?

I did read that legal aid will not cover the cost of a consent order (unless processed at the time of a divorce) as you have the csa as a free tool?

Blob

They can I believe make the application as long as they pay for it, and again as I understand it the Judge will tell her it is outside of his juristiction!

As for Legal Aid, I would have thought that she would not get it in the first place for an application on these grounds as it would be deemed not in the Public Interest, and if she got it and you then complaind to the Legeal service Commission I would have thought that the Cert would have been revoked and she would then have to pay the bill, as my delightfull ex-wife found out that she had to do, Oh dear, how sad never mind! As the saying goes.

Dancing_Shoes

Yes our pwc is not happy that we currently pay twice the csa rate.....she wants more!!!

PlayingHardball

Dancing, why do you pay twice the csa rates? I can't understand why PWC would seek a court order to increase payment amount if this is the case. It sounds like you are also paying arrears?

Sorry, I have no advice, but best of luck and hope you get it sorted before too much grief, ie. courts

Dancing_Shoes

No, no arrears just tried to be amicable in payments. We could afford it so we overlooked it in the hope that she would appreciate this and make an effort to be civil.....no such luck, now we are under the csa and we will be paying nearly half!

I know she won't accept this but we are told by our solicitor that as it was her choice its tough!

Thats why I always say that it never gets us anywhere being nice, how many nrp's pay over and above what they have to? Just us mugs!!

Blonde_Bint

Dancing_Shoes wrote: »

No, no arrears just tried to be amicable in payments. We could afford it so we overlooked it in the hope that she would appreciate this and make an effort to be civil.....no such luck, now we are under the csa and we will be paying nearly half!

I know she won't accept this but we are told by our solicitor that as it was her choice its tough!

Thats why I always say that it never gets us anywhere being nice, how many nrp's pay over and above what they have to? Just us mugs!!

lol. greed does not pay in the long run.

we have currently found out Dancing Shoes that we are entitled to wtc anyway this is helpful as it will cover our payments to PWC. There is a bit left over. I would just let her have this extra as its no skin off my nose so to speak but she is the kind of person who if we try to be nice and say we can give her 20 quid a week extra she is very likely to turn round and say I want 30 so learning from past experience i'm just going to be grateful for a bit of good fortune and keep the leftovers, I think we only get the money because of our child who lives in our house anyway, so its her money really if this is the case.

Dancing_Shoes

I know, whenever we have spoken to solicitors (and trust me we've had loads over the years) they cannot understand her mentality. They always say the same thing "you pay her more than she would get and have never missed a payment yet she isn't happy??"

Its beyond belief but she has pushed me to the limit this time and she will now only get what the csa have said she is entitled to!!

We have only got 2 children to pay for and one of them finishes school in the next 2 years but she just cannot accept that she can't take all of our money and thinks that there must be a way of getting all of our money. It doesn't matter what the csa/solicitors tell her she just won't accept it!!

Blob

As the saying goes "Go get them Floyd" I wish you luck.

Make the application to the CSA yourself and then let her live with it, you did everything and more, and she wants more. The situation is the same for me but the reason is different, I will fight them to the gates of Hell and through.