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Case verus consent order

  • nicwin
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04 Aug 14 #441273 by nicwin
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STBX and I agreed an amount of child maintenance which we have put on the Consent Order should be approved by courts any day. I''ve just had a call from him telling me that he has an appointment this week from csa to discuss his payments as he thinks he is paying me too much. £400 a month for two teenagers isn''t much.! When he is driving round in a merc has vintage motor bike in garage is off to Egypt for Christmas and she is about to inherit half her mums house worth at least £400,000. I know her money doesn''t come into it, but any decent dad would do anything to look after their kids

How do I stand if I have a consent order that says one thing and and csa says another? He has a ltd company and I''m aware this can cause major problems

  • sulkypants
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04 Aug 14 #441276 by sulkypants
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If your consent order is accepted by the court the child support element will be valid for one year, he may refuse to sign it now if he feels the maintenace is incorrect

Child maintence used to be collected by the child support agence who pretty much gave the self employed a free ride but they have been taken over by the child maintenace service (think that''s what they are referred to now) and there rules (if you can''t come to a family based agreement) are different

They will expect to see his accounts and if he takes a low wage and receives dividend instead they consider this an income

You will have to look up what the new rules are as they prefer couples to reach agreement and are only interested when you can''t come to an agreement.

You will probably need to find out his previous tax figures etc to see what income he has declared in the past to see if the new set if calculations he has come up with are correct he posdibly used the old CSA site and did not include dividends.

If your consent order is granted the child support is valid for one year.

  • nicwin
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04 Aug 14 #441343 by nicwin
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thank you for you reply. he has signed the consent order already, just waiting for it to be approved by the courts. he says he has an appointment this week with the csa as lots of people have told him he is paying too much! rubbish he is only paying me the a little over the equivalent of 20% of £20,000 a year earnings. cant think he is earning less than that, i will try and find out what he earned last year, thanks again

  • Child Maintenance Options
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14 Aug 14 #442116 by Child Maintenance Options
Reply from Child Maintenance Options
Hello Nicwin

I am Sarah, the Child Maintenance Options consultant

Once your Consent Order has been ratified by the court, it will stay in place for one year before it can be changed or taken over by the Government’s statutory maintenance scheme, which is the Child Maintenance Service.

You can find an Online Calculator on the Child Maintenance Options website, www.cmoptions.org, which will give you an indication of what the Government would consider to be a reasonable amount of maintenance for you to receive. You will also find more information on the options available to set up maintenance on that website.

Just for your information, the Child Support Agency (CSA) no longer deal with new applications, they are now dealt with by the Child Maintenance Service. They work out maintenance payments based on a person’s taxable gross weekly income, so dividends from a limited company are included in that.

You can find more information about how they work out maintenance payments here in this guide www.gov.uk/government/publications/how-w...ut-child-maintenance.

Another option available to you is a family-based arrangement which is an agreement between the two of you without the involvement of the Government or legal system. Although this type of arrangement is not legally enforceable, they do tend to work better and last longer than other options as it is something the parents have agreed to themselves.

Regards

Sarah

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