Better to go with CSA in these circumstances

Kimitatsu

maggied wrote: »

What????? Could someone clarify? Surely the PWC isn't awarded this power?

Kimitatsu - is it only the factors you've listed above that would prevent the NRP being able to pay via the CSA?

Speedster is correct - the NRP can request an assessment but the PWC can refuse to have it dealt with by the CSA. However, legally that is all the NRP is liable for, so she can tantrum all she likes, legally he is not liable to pay any more then that amount.

Contact and maintenance are not linked so she could still refuse contact regardless of if he paid her the amount stipulated by the CSA or ten times that amount - for defined contact he would need to negotiate or a contact order (again she can flout that too but the courts are taking an increasingly dim view of that)

At some point you have to put a line in the sand and say that is your sticking point, otherwise this will get no better. Ask for a CSA assessment so that it is all above board and everyone knows what they are entitled to.

maggied_2

Oh went to solictor today who is going straight to court - he reckons it could be sorted by Christmas! Because OH is only asking to define the current arrangement and also have it clarified re Christmas and holidays the sol thinks a decent solicitor should advise her it's not worth contesting.

So if OH chose to go down the CSA route and X refuses - what happens then? He pays the amount on the CSA calulator under a private agreement?

I really don't understand the logic behind this - if she wanted to open a case against him would he be able to say no.

Don't get me wrong, he has no intention of not paying...it just seems a bit odd.

speedster

has he filed a c100 already then?

speedster

maggied wrote: »

Oh went to solictor today who is going straight to court - he reckons it could be sorted by Christmas! Because OH is only asking to define the current arrangement and also have it clarified re Christmas and holidays the sol thinks a decent solicitor should advise her it's not worth contesting.

So if OH chose to go down the CSA route and X refuses - what happens then? He pays the amount on the CSA calulator under a private agreement?

I really don't understand the logic behind this - if she wanted to open a case against him would he be able to say know.

Don't get me wrong, he has no intention of not paying...it just seems a bit odd.

firstly. no such thing as a decent solicitor. they'll drag it out for as long as poss.

if X refuses csa, stop paying private and she'll have to use them.

maggied_2

speedster wrote: »

has he filed a c100 already then?

speedster wrote: »

firstly. no such thing as a decent solicitor. they'll drag it out for as long as poss.

if X refuses csa, stop paying private and she'll have to use them.

No idea what a C100 is speedster - very new to all this carp.

Not decided on CSA thing now - at least private agreement does give flexibility when she's acting up.

She's even lying about the whole thing now.....saying she paid the dinners in September (she didn't) and therefore OH should pay and not take the difference out of December's CM.....I've said it before but
a) how can she spew constant lies and think it's ok?
b) where the hell does she get the energy for this rubbish?

I know it's an awful thing to say but after taking the p*ss out of OH for so long (he's so laid back he usually just gives in to avoid problems with access to DD) I cannot wait for a third party to tell her that what she's doing is wrong. Would love to be a fly on the wall when she gets a letter this week explaining this is going to court!! (a thoroughly depressing victory of course...)

speedster

to get contact sorted a c100 will have to be filed at te nearest court to where the child resides.

if the solicitor reckons it'll be heard by xmas, then this is the first step.

either that or the solicitor was lying. :rolleyes:

speedster

the money side will carry on and you'll have to put up with her constant whining.

by backing her into a corner using the csa may shake her up and make her see sense.

maggied_2

Ah right - solictor is applying to court for PR and CO at the same time. There was an option to go to X first but solicitor didn't think there was much point.

He doesn't seem that interested in dragging it out (obviously time will tell ).

I don't think she will ever see sense - honestly. In the past week alone she has:

1. Blocked one of OH's access nights
2. Sent text messages calling him a tight ar*ehole and telling him she would be blocking access if she didn't get the extra money (from school dinners) in her account at the end of the day
3. Witheld her own daughter's school uniform at the weekend. She actually turned up at the school (we can see the playground from our window!) at about 8.50 with a bag of uniform for her :(

She's bullied and manipulated OH for such a long time - I wish he'd sought legal advice earlier but hey ho. She IS so vindictive that she has carried out threats of blocking access (OH didn't see his DD for 3 months once) that he's given in to her so many times (and I really don't blame him for that).

OH is signing off the forms / letters today if they're ready so she'll have them by the end of the week - fireworks time

marshmallows

As she is !!!!ing about with contact then his only option is to go through solicitors/ court

make sure he keeps the messages where she says if i dont have x amount of money you will not see your daughter, these will help you immensly

as for the money i would say stop paying and go to the csa but then she may try to use it against you in court , not that the majority of the judges will listen you only need one who will

Get your oh to write a letter stating he will only pay what the csa expect him to pay which is x amount.

What are the current contact arrangements?

maggied_2

Current contact is alternate weekends (Fri, Sat, Sun nights) plus one night during the week. Tuesday one week, Thursday the next, plus OH takes her to swimming lessons on a Thursday night.