The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

Can I vary a Court Order

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
05 May 09 #113606 by Fiona
Reply from Fiona
But you said he returned home during the holidays so he must have a base which has to be kept and heated for him all year and presumably he gets fed and uses hot water and soap and the washing machine. Also it sounds as though the Mother absorbed those costs during the gap year. If he's got his own car he is doing a lot better than many other students.

With the other children as the order was made over a year ago either party can apply to the CSA for an assessment and the order will cease to have effect.

  • peterh
  • peterh's Avatar Posted by
  • Junior Member
  • Junior Member
More
06 May 09 #113827 by peterh
Reply from peterh
Yes he did return home at Christmas. The mother then conveniently didn't pay him any money at all in January (presumably in-lieu of his board). As for absorbing costs during gap year - he worked and paid board then so there was no absorption of costs. He saved money to buy his own car.

Yes in some respects he is indeed lucky but the monetary values are not what I have issue with. It's the principle of my ex receiving money for my son from me and not passing it on to him. That is the issue I have.

So, moving onto the CSA. I am therefore within my rights to request a re-assesment, which will no doubt get me back to the 15 and 20% for my under 18's but once they turn 19 the original Court Order is null and void should they go to University as it is superceded?

  • peterh
  • peterh's Avatar Posted by
  • Junior Member
  • Junior Member
More
06 May 09 #113840 by peterh
Reply from peterh
Fiona

THANK YOU so much :-). I have just been on the phone to the CSA and I can report a "victory".

I am applying for a re-assessment and as you have correctly informed me it will supercede the original court order. Then I will be able to support my son (and duughters eventually) directly through University education.

It has taken me a long time to get this advice. I cannot thank you enough. YOU ARE A STAR :-)

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.