Help!!!!

I'm after help/advice.

My husband applied last July for a variation to an existing court agreement for maintenance. He has a nine year old daughter and was paying £250. That variation was denied, even though he had a wife now, a daughter and one on the way. So we have only been paying £162 (£150 and £12 arrears as there were arrears of £700 while court case was going on). We went back to court last Thursday for arrears and a new variation. He now has no job, a wife and two children and is recovering from skin cancer. The judge ruled that he could still afford to pay £100 plus £10 arrears until December (when they assumed he'd have a job although he's been unemployed since April). After December it goes back to £250 plus £15 arrears so even more than before!!

My question is, the CSA will get involved if a court order has been in place for a year. It has been since JUly 08 as every time it is varied but not (ie just the arrears payment changes) the order number remains the same. Can we now go to the CSA or do you have to have paid in line with the order for a year which of course we haven't. If we can't do that, any advice. If we pay £100 then we'll lose our house but the court weren't interested in that.

It all depends on the date of the order for child maintenance.

If the order post-dates 3rd March 2003 (3.3.03), an order cannot oust the CSA for more than one year after it has been made. Your husband can apply to teh CSA who will then take over child maintenance

If the court order pre-dates 3.3.03, the CSA is probably out of the picture.

Good luck,


AC

Hi there I am trying to recover finacially from an expensive divorce and am working in Spain for a spanish company. As i know my ex wifes financial situation is far better than mine. She has the child, i know with the huge payment that i gave her in settlement for the divorce together with benefits she can survive well. I need to be able save up some money to pay off debts. Exwife and solicitor are threatening to take me to court and charge me court fees if i dont come up with periodical payments.
The question is can they force me to pay maintenance whilst i am living and working in Spain?