Increase in maintenance

freccle

Is it possible to apply for an increase in a maintenance order without it costing a fortune. My exhusband is paying the basic minimum CSA amount for our two children but done as court order, not through the CSA. However last year his income increased quite dramatically (I know because we work at the same place ). My solicitor seems to require a fortune before she'll so much as answer an email so is there any way I can apply for a variation in the order myself?

HappyMJ

freccle wrote: »

Is it possible to apply for an increase in a maintenance order without it costing a fortune. My exhusband is paying the basic minimum CSA amount for our two children but done as court order, not through the CSA. However last year his income increased quite dramatically (I know because we work at the same place ). My solicitor seems to require a fortune before she'll so much as answer an email so is there any way I can apply for a variation in the order myself?

You could....but...is it worth it?

You could ignore the court ordered child support amount and any minimum you could ever get to attempt to get a bit more through CSA.

The basic minimum CSA amount can also be seen in different language as paying the absolute maximum CSA amount...they are the same amounts.

Your case isn't managed through CSA at the moment so you would have to open a new CSA case...expect extensive delays and possibly no payment in the meantime as I'm sure his side of the court ordered amount says if you open a CSA case then he doesn't have to pay anything until the amount he is determined to pay by the CSA is resolved.

He could attempt to reduce the amount he has to pay by increasing his pension contributions or by packaging his salary so that his gross pay is drastically reduced and you could get less than you are now. Just a warning.

FBaby

Very often, when done through court order, the amount agreed is balanced with other financial agreements, for example, the house being signed over. If that is the case, it would be morally unfair to keep the financial benefits AND expect more in maintenance, especially if that amount does already cover 50% of the cost of raising the children.

However, if there was no financial benefits AND the amount was low, then I think it is morally fair to go via the csa. Of course, you have to take into account what the consequences might be in terms of relationship and inevitably how it would then affect the kids. Is it a case of the children benefiting significantly from the additional money worth the potential effect on their relationship with their dad?

Bluemeanie_2

Is there no reason why you can't talk to him? Or is he unwilling etc hence the court order in the first place?

LondonDiva

FBaby wrote: »

[STRIKE] Of course, you have to take into account what the consequences might be in terms of relationship and inevitably how it would then affect the kids. [/STRIKE] Of course, your ex will have to take into account what the consequences might be of not paying what he morally and financially should towards the needs of his children in terms of relationship and inevitably how it would then affect the kids.

[STRIKE] Is it a case of the children benefiting significantly from the additional money worth the potential effect on their relationship with their dad[/STRIKE]? Is it a case of your ex not taking into account the potential effect on his relationship with the children by not ensuring they benefit when his circumstances change for the better?

Tweaked to better reflect the circumstances;)

mgdavid

LondonDiva wrote: »

Tweaked to better reflect the circumstances;)

am wondering how you know the OP's circumstances?