Where do i go now..?

chirpchirp

I didn't think magistrates dealt with court orders - they certainly weren't involved with mine.

Problem with court orders is that after 12 months either party can go to the CSA and have the court order overturned which in my opinion shouldn't be allowed to happen but hey ho that's the law!

m1967

They do if the child support is set by them which mine was when we divorced. He stopped paying it and thats why they re called him as he was in breach of their order....

jetta_wales

Can't you go through CSA after 12 months have passed and ask for an adjustment due to lifestyle not consistent with earnings?

fannyanna

The problem is that he's being paid in kind (in part). As he's not actually receiving any "income" there's no share for you and the children.

I'm really nto sure there is anything you can do and I would not recommend that you open a CSA case. As they advised the amount may reduce to £5 per week and ultimately they're going to be no better than the courts when it comes to uncovering his true financial situation.

Kimitatsu

IMO I would open a case with the CSA, then once you have an assessment put in a variation for lifestyle inconsistent with income. ANy hours he does to "earn his keep" can be considered to have a beneficial value by the tribunal (its a way to get to the tribunal but they will backdate it) and they can add a cost onto it.

Nothing will happen in the short term but bear in mind that the CSA will enforce the matter although you have to push hard all of the way.

EclipsedMind

So what he is essentially saying is he works extra for free out of the goodness of his heart and in a non binding way he is looked after by his GF. Proving a material value for that would be difficult especially if there is no transfer of goods. If he claims his GF is supporting him and that he is working voluntarily as a good will gesture surely you will get no where.

I appreciate you believe he is being paid cash in hand but unless he banks it or splashes out a lot and you can prove it then I would think he can just fall back on the argument his GF is looking after him in a tribunal and he works for free out of a sense of wanting to give something back. Its a bit like children doing chores for parents but receiving no money in return. If that was provable as having a material value it should be taxable as income at a certain threshold which it is not.

I personally can't see how the CSA can assign a value for something that the inland revenue can't and if it did I doubt it would stand legal challange. If its not a taxable benefit then proving its income will be a nightmare imho but I am no solicitor ...

Just my 2p.

EM

Kimitatsu

EM

You apply for a variation and it will be refused - that then goes to tribunal, it is the tribunal judge who allocates a figure. If you read the forum you will find several tribunals that this has happened to. THe judge will look on the voluntary hours as payment in kind for which there is a beneficial value to the NRPP.