Applying for a departure (cs1)-how long does it take?

shegirl

Anyway,thank you to Shermanator who actually answered the question I was asking...

Blob

If the CSA are involved the Court won't get involved. It is the job of the CSA to do maintenance these days and not the Court unfortunately.

My departure took a very long time about 4 months! Remember that once one is in place any further assessments will have to be checked by the Departure office before they are applied so it lengthens the process, and in my case led to some assessments taking up to 6 months to be done and applied.

shegirl

Blob wrote: »

If the CSA are involved the Court won't get involved. It is the job of the CSA to do maintenance these days and not the Court unfortunately.

My departure took a very long time about 4 months! Remember that once one is in place any further assessments will have to be checked by the Departure office before they are applied so it lengthens the process, and in my case led to some assessments taking up to 6 months to be done and applied.

Yes they will.If you have a disabled child (or other set circumstances) you can apply to the court for a maintenance top up in addition to the maintenance assessed by the CSA.

Any idea what happens if there is an issue with lifestyle inconsistent with income?Just making sure I know everything if needed as what's happened over the past couple of months has been pretty darn horrible,he's completely abandoned our son now,is sitting pretty with his tramp having a responsibility free bloody life while I now have to find support workers for my son to give him part of what his dad should be giving him!If I know everything beforehand it saves the hassle of finding out after,I've had enough hassle with action I've had to take against her and the problems it caused my son

Blob

My understanding is that it Will be referred to the Criminal Compliance Team to look into. My ex was looked into by these people they upheld my complaint and did nothing! Don't hold your breath for this to be done any time soon.

If it goes to CCT then you wont be able to get the results of there work either, they will release it to your MP only, or a Court.

WYSPECIAL

The Interim Maintenance Assessment (IMA) people are referring to for not providing NRPP income details will be a Category B IMA. It wont make a blind bit of difference to the amount he pays unless they have a lot of children together.

Applying for a departure WILL make a difference. Usual procedure if NRPP is not known is to allocate 50% of housing costs to NRPP. This will restrict the NRP exempt income and force assessment upwards.

Date it becomes payable is from the date you apply if you are successful. How long it takes to set up depends to some degree on your ex as you fill a form in which is then sent to your ex for them to comment on. Depending on his comments they may come back to you for more comments..............
It is not linked to the date of the assessment it is completely seperate. The assessment is done by one office and is a black and white interpretation of the rules. The departure is looked at by another office and is just that, a departure from the rules. It is supposed to take away some of the rigidness of the rules of CS1 and apply common sense and fairness.

You are correct you can, and should, apply for a top up via the courts if your child is disabled. This is particularly relevant as he gets older as CS1 sees the carer allowance diminish but in your case it sounds like your son still needs the same care as a younger child.

Hope that answers your question and good luck She-Girl!

WYSPECIAL

Sorry She-Girl forgot to add. When it comes to "Life style inconsistent with declared income" that is the hardest departure to prove and very rarely successful. The onus is on you to provide the proof which is nigh on impossible.

My advice would be get the Housing Costs one applied for and being processed and that sounds to me like a dead cert. Once thats in place and you're getting more money try the others but it if you go for both at once it will slow things down.

shegirl

Thanks WYSPECIAL.They've got all the info in now,he finally got the information from the second request sent in for yesterday (he was lucky,if it wasn't in by yesterday they were going to calculate without it -it was their housing costs,sent the request via fast track and he still delayed *rolls eyes*)

Been told I may recieve a letter by wednesday,if not to call at the end of the week and that I may not need to apply for a departure.

Fingers crossed,if it goes right down I'm going right to court.He's made his disabled sons life harder,and mine,and he can bloody well take responsibility for it!