csa claim

sarah1975uk

Friend of mine is with her partner and her daughter. HE has recently got divorced and that has been granted but hearing for the child support etc for his daughter hasnt yet got a court date for that, although court is aware of the maintenance he gives to his ex every week by prior mutual agreement.

His now ex wife has now gone to the csa and put claim wtih them. Can she do this? does he have to fill out csa papers etc if the original divorce/ child support issues are already in the court system?

Please someone advise my friend and her partner are in bits and need to know what to do.

It seems the ex is being really !!!!!y now and going for him big time. Even tho he has always supported his daughter financially and has regular weekend sleep overs etc and provides in every way he can already.

terryw

If any benefit is being claimed by the parent with custody then the CSA are automatically involved regardless of the wishes of either of the parents.

sarah1975uk

terryw wrote: »

If any benefit is being claimed by the parent with custody then the CSA are automatically involved regardless of the wishes of either of the parents.

Thats fine but the maintenence issue is already being dealt with by the court so therefore surely that is above the csa therefore whether the ex is claiming benefits or not, if the court area already dealing then the csa should be out of it and anyone that shes claiming benefits off of should be made aware of the courts prior involvment.

rach28

As im aware because of the csa the courts wont get involved in maintenance issues. That is why the csa was brought in.
When i was in court my ex wasnt paying any maintenance and the judge said then that htey wouldnt get involved and i should come to agrement between us or go through csa

sarah1975uk

the court is already dealing with the maintenance issue! the csa have since contacted him today!

Donedoingdebt

Is there any special reason why the court is dealing with child maintenance & not the CSA?
As previously stated, under normal circumstances, the CSA should be dealing with these issues, & I believe the CSA is above the family court when dealing solely with child maintenance, although hopefully, someone will correct me if I'm wrong there.
However, the CSA will automatically become involved if the PWC is claiming benefits of any kind.

terryw

sarah1975uk wrote: »

Thats fine but the maintenence issue is already being dealt with by the court so therefore surely that is above the csa therefore whether the ex is claiming benefits or not, if the court area already dealing then the csa should be out of it and anyone that shes claiming benefits off of should be made aware of the courts prior involvment.

Sorry Sarah that's maybe the way it SHOULD be but it's not the way it is. If benefit is involved, there is a simple formula (under the new rules) that the non-resident person must pay. The Court might award more or less than this. If benefit is not involved then the CSA can still become involved if the person with the child requests this.