Court order or CSA?

Hi

I'm going to be commencing divorce proceedings in a couple of months following 2 year separation.

There is currently a verbal arrangement between myself and ex regarding maintenance for our 2 children. This was based on CSA calculations from 2 years ago.

Ex has changed to shift work and only has children overnight now for 6 nights a month. He has also probably received a pay rise/shift allowance.

Communication between us is minimal and not great for discussion. I want to keep the divorce as simple as possible. He isn't going to be pleased at having to pay "me" more money. I'm not asking for pension, spousal maintenance etc - just for kids.

Without knowing his current salary I am unable to calculate what is fair so wonder whether on statement of arrangement for kids I should request a court arrangement or CSA? What is the usual procedure?

Thanks

SadEyes

The court can only make an order about hchild maintenace if the CSA has no jurisdiction (for instance, one party lives overseas) or to record an agreed arrangment, so unless you can agree, you will be better to go to the CSA.

I would suggest that you contact your ex (perhaps by letter) asking him to let you have up to date evidence of his income, explain that you would prefer to sort thing out amicably but that obviously the miantenace needs to be kept under review to take account of changing circumstances.

If he doesn't respond or won't provide proof of his income then you are probably better off going to the CSA (which will then require him to provide proof of his income) and which costs you nothing, rather than spending £210 to issue court proceedings and your own time and money trying to get him to provide disclosure, especially if this is the only substantive issue.

You can, of course, aways withdraw fromthe CSA if you subsequently come to an agreement with him.