Varying my consent order and CSA

My Consent Order is now coming up to a year old and I'm looking for some advice and thoughts on a variation as things are really badly skewed.

I agreed in my co to pay 20% of nett from p60 minus 1/7th to take into account children with me approx 80 days per year.

This year that means my ex gets £921 per month.

Since the CO was agreed my circumstances have changed, I now have a new partner and we live together, she has 2 children and I now have my children over 104 days per year.

if I run the numbers through the CSA calc my maint requirement drops to £550 per month.

So now Im looking at things critically, my ex has a 4 bed house freehold as result of the Clean Break we made, she moved her boyfriend in 3 months after the CO was sealed so she is sitting pretty with no mortgage, her own income, £11k per year from me plus her boyfriend chipping in. My kids arent seeing the benefit, they didnt get a holiday last year from her (but she managed 2 weeks diving in the red sea with her boyfriend)and they come to me in ragged clothes socks with holes in them and hand me downs so she and the boyfriend are sponging off my child maint payments to support their lifestyle.

It really got to me when they gave my partner the xmas present money from their grandparents to go as contribution to my xmas present as she screws them on pocket money and wouldnt give them anything to help buy me an xmas present.

So I'm minded to go to CSA and ask to be assesed by them then go back to court for the variation. This sounds too easy so what are the pitfalls. Once I have the CSA assesment then waht stops me just giving her that ?

If I can get the reduction I can afford a mortage and home of my own for the boys as well as my partner and her children.

Any help and thoughts on this are much appreciated as everything i read indicates the CSA are monsters but in my case if i use them then they may be my saviours....

Hi as I understand it once court order has expired you can make an application to csa, I have been advised to go back to court for variation but have also been told by CSA that they are taking over my payments from Nov 09 as resident parent now wants application in her name.

Sorry slightly click happy.
In my case about3months before mine was to expire I was taken back to court &had an attachment of earnings order & money deducsted from wages.
CSA looked at my wage decrease & new partner & her son & provided me with details off file as resident parent would not agree to application.
As its christmas break i am none the wiser. But once you have calculation from csa it could be easier going to court for variation

Thanks Brad

This is the bit i find hard. If i go to CSA and ex refuses to go by that, then what is the position ? do I have to keep paying as per CO. If i vary it down wards wothout the CO what can she do, go for enforcement but my undertanding is the judge will direct to CSA so she could end up being told £550 luvvie.I actually think thats a bit hard and think i should bring it down to about £650 per month. I'm not leaving it to her in totality either and am paying for all the extra curricular activities like scouts/sport etc. Its not as if im living the life of a rockstar, yes i earn well but it went 70/30 to her so my capital base is wreckedand shes the one sat in a 4 bed house freehold house freehold and its me renting with two boys sharing a bedroom when they come to stay.

Whats the worst that can happen if i make the drop after a CSA assesment and dont go to court for a variation ?

If it goes to the CSA they will just apply their calculation and collect on that.

If you want to pay more as you've suggested then it would have to be a private agreement.

If it goes to court then obviously they would enforce that you pay up to date (as they will be aware that the CSA will not backdate) and then it will be handed over to the csa for them to take the necessary steps.

This will be for child maintenance only and have no other bearing on anything else contained in the consent order.

T

Since March 2003 the courts have no jurisdiction to order CM or a variation, only maintenance agreements can be included in a consent order and there needs to be agreement to vary. One year after a consent order is made either party may apply to the CSA, the CSA carry out an assessment and notify the courts using Form 601. Only then will the court order cease to have effect. The process take two or three months.

However, quite frequently non resident parents are told the CSA cannot process an application without the co operation of the parent with care. This is wrong and down to an error/misunderstanding in a staff handbook. If someone at the CSA tells you the application cannot proceed because the PWC won't co operate you need to demand to speak to someone more senior and better trained.

The situation is a bit different when the terms of a consent are to pay a global amount (CM&SM combined) minus any CM calculated by the CSA. In this case as CM reduces SM increases so there is no point going to the CSA.

Fiona thanks,
If I make the application to the CSA then when does the revised sum become applicable ?I it from the date of the 601 being sent to the court ?.
The CSA have already given me a ball park figure so i know roughly what it will be they also said the Co must be 13 months and 1 day old before any application to vary can be made so for me thats the 13th January as my co was signed on 12th Dec 2008.

In the interim period between me making an applications and the decision being made do i have to continue paying the previous amount ? or on the basis of what the CSA have already advised me can I pay on that.

For me 2-3 months processing time is £650-£1000 extra..................