Child Support under a court order

Sensemaya

"When you said mention this to the judge, did you mean in the context that if the order was reduced/revoked we would lose our home and this would obviously effect the children?"

Yes.

"I also though about requesting documentary evidence of the loans he has taken out since the last time we were in court, in that despite knowing he has a responsibility to pay the child support he has taken out more debt for luxury items (I suspect the new bmw will be on finance)"

Do it!

"I can't describe to you what he's like, but it's taken over his life, it's all consuming and he will not rest until he has won, I am expecting the unexpected in court!"

Well he is the one who is obsessed.As for you 'bad-mouthing' him, you are being too soft.You are just dealing with the facts.

Brill posts from MissMoneypenny. Nice if you can get the Order to run until your kiddies leave Uni.

MJMum

Nice if you can get the Order to run until your kiddies leave Uni. That will really p!ss him off.

:rolleyes: :rolleyes: :rolleyes:

MissMoneypenny

Sensemaya wrote:

Nice if you can get the Order to run until your kiddies leave Uni. That will really p!ss him off.

It helped with my childrens living costs, didn't cover it all, but it helped.

When mine started at university, any fees for university were to be paid by the parent the student lives with and not the absent parent. The government were letting the absent parent get away with it, but I guess it is too hard to get a non caring parent to pay.

The decent fathers are helping with university costs anyway just as they would have been paying over and above what the CSA calculations said they had to pay. Unfortunately, many others are trying to pay as little as they can for their children and it always amazes me that some would rather pay a solicitor than give the money towards improving their childrens quality of life.

kelloggs36

My daughter intends to claim direct when she goes to Uni as I understand that's what she needs to do.

MXW

MissMoneypenny wrote:

I just remembered that some solicitors will give people a free half hour. You will need to phone to check which ones do this in your area. You will only get 30 minutes and will get billed if you go over, so have a list with you of questions and stick to the facts (leave emotion out of it if you can as it takes up too much of your free time) to get everything answered. I went this route when my ex was getting later and later with his CO payment, however I found the information the solicitor gave me was wrong. She was more interested ion trying to get me to sign up to their firm. I got the correct information from the office staff at the Family Court, who were not allowed to give legal advice but were able to point me ion the right direction of the leaflet I needed from their display.

It is always worth asking secretaries as they often seem to know more than their bosses.

I have been down the road of the 1/2 hour session and pretty much had the same experience as you. Your advice regarding the office staff is a good one, I have previously spoken to the staff at the maj court and I must admit they were very helpful.........I will try the same thing with the county court. It seems from what you have said, that your situation was very similar to mine.

Thanks for your help x

MXW

You have given me a little info there.....my ex's partner has 2 grown up children and when we went to court the last time, he said that as they were in fte and his partners child support for them had ceased, he had to support them. It was pointed out to him that his ex should go to court to get the order extended....i suspect that he will bring that point up again. If you have been told that your daughter needs to go down that road, then I know for sure that that info is correct. It has armed me with a little more info.

Thanks

MissMoneypenny

kelloggs36 wrote:

My daughter intends to claim direct when she goes to Uni as I understand that's what she needs to do.

I wonder why the CSA can't extend its time to cover full time advanced education?

It's such a shame that your daughter has to go to court to get some financial support from her father at university. What a disgrace those type of parents are.

Have you found out how soon your daughter can apply to the courts? It took years to get my ex to court (I won't say why as I don't want to give any bad parents reading this, any help in evading their payments), but perhaps it might be worth applying as soon as she is allowed to, as my order was not backdated.

Cozworth806

It sounds like the Courts will base their decision on the old rules of the CSA under protected income, so he will get allowances for him and his family based on benefit rates and then check whether paying you what he should will take him below that. Not sure if they give him anything extra as the CSA give a £30 top up then 15% on top. The only things taken into account are the allowances and things such as council tax, housing interest payments, but I would imagine that if they are doing it sensibly then they will look at his full outgoing but also consider if he has a partner to contribute to housing costs, as the CSA do with a Departure.
Also I would recommend that you make the courts aware of both the year to date figures he has earned from this year as well as the P60 from last so they can truly see any downturn, but also make them aware of any excess spending such as the car and house, as your children shouldn't suffer if he chooses to do these things.
If his car is a company car it would be sensible to compare the pay before tax as again he will be paying a higher tax for the benefit of it but then have lower outgoings.
Lastly by what you say the court order you have sounds like a Consent Order and as such unless it was converted into a court order the CSA wouldn't take it into account when assessing your application (should you choose to make one) If it was converted into a Court Order then you will have to ask for it to be cancelled and then apply with a long waiting period which is obviously not an option for you. The problem is that the area is littered with nasty cases and can tie any application in knots. However given that if you have his earnings and company etc then if you choose to apply you will be able to give the CSA all the info they will require.

MJMum

Posted long reply to this thread, but lost it.

I do worry that the UK is raising a very warped generation of ADULTS (which is what they are by the time they are at uni) who have a sense of entitlement just because their parents happen to have separated.

Try working your way through college and take out student loans like everyone else!

Zara33

MJMum wrote:

Posted long reply to this thread, but lost it.

I do worry that the UK is raising a very warped generation of ADULTS (which is what they are by the time they are at uni) who have a sense of entitlement just because their parents happen to have separated.

Try working your way through college and take out student loans like everyone else!

:rolleyes: :rolleyes: :rolleyes: