CSA over ruling a court order

chirpchirp

After a year and a day the CSA can over rule a court order.

Earlier this year my ex went to the CSA to get them to assess how much he should pay me which was under the amount of the court order. The original court order had been an agreement at the second court session rather than inflicted on us at a third hearing. The amount payable had been negotiated and took into account that I was accepting less in other areas. So when the CSA ordered the new amount I wasn't particularly happy but could see why it was done.

However, I have just read somewhere that when the CSA get involved that they have to notify the court. Should the court have notified me that the CSA had contacted them and if the CSA didn't does that mean that the court order still stands?

PreludeForTimeFeelers

chirpchirp wrote: »

After a year and a day the CSA can over rule a court order.

Earlier this year my ex went to the CSA to get them to assess how much he should pay me which was under the amount of the court order. The original court order had been an agreement at the second court session rather than inflicted on us at a third hearing. The amount payable had been negotiated and took into account that I was accepting less in other areas. So when the CSA ordered the new amount I wasn't particularly happy but could see why it was done.

However, I have just read somewhere that when the CSA get involved that they have to notify the court. Should the court have notified me that the CSA had contacted them and if the CSA didn't does that mean that the court order still stands?

As far as I'm aware, the notifications that you receive from the CSA supercede the court order, and the courts don't have to contact you.

pd001

PreludeForTimeFeelers wrote: »

As far as I'm aware, the notifications that you receive from the CSA supercede the court order, and the courts don't have to contact you.

Is that right?
Crikey..so the csa really are above the jurisdiction of the courts?

goRt

It's been like this for ages (when it went to 15% for the first child, 5% for the second irc), my [greedy] ex came after me for more, so I used this to save me £80k (60k the first time, 20k the second).

Her solicitor will no longer take her instruction and my offspring are now in their twenties.

PreludeForTimeFeelers

pd001 wrote: »

Is that right?
Crikey..so the csa really are above the jurisdiction of the courts?

Basically any court order for child maintenance is valid for a minimum of a year and a day - after that point either party is free to contact the CSA and pay/receive maintenance that way instead.

There are quite a few NRPs who open cases now due to the fact that the court order forces them to pay way above the CSA's calculations.

FBaby

Do any such court orders still take place? It sounds like it is utterly pointless if it can be overluled so easily only a year later.

The whole thing seems wrong if maintenance amount was agree on both sides along side other agreements such as mortgage payments.

kb92830

Just to clarify this, the CSA can only be approached if the court order was made after the inception of CSA 2, I believe the cut off was either March 2002 or March 2003. Can't remember which year it was.