Variation calculation in child maintenance

Thanks for all your advice. I have written a letter of appeal to the CSA.

In the mean time we are in courts in 2 weeks for final hearing. What I understand is that court can make its own ruling on maintenance leaving CSA decision.
Am I correct on that?

The Courts cannot make or vary an order for periodic payments of child maintenance where the CSA has jurisdiction to make a calculation.The CSA has jurisdiction if the child is a qualifying child and all the relevant parties are habitually resident in the UK.This applies even if the CSA would not in fact make a maintenance calculation.

However, courts have the power to make certain orders in relation to maintenance eg Consent Orders, orders in relation to special expenses or maintenance orders where the young person is no longer considered a child by the CSA. Courts can also vary orders, unless a maintenance calculation has been made or an application to the CSA is possible.

I was mulling over an idea and hesitate to suggest this as im on shaky ground here, but would it be an idea to apply for a shared residence order?

My thinking is

Presently the bulk of your son’s school term is spent at boarding school, which you pay for, plus all other related costs to promote his education and wellbeing. But all of this has been disregarded by the CSA who are only interested in the amount of actual overnight parenting you are doing.

A shared residency order which defined your parenting time to include school term time would:

- accurately reflect the current status qou

- qualify you for a reduction due to the additional shared care you were undertaking – in effect, increasing your overnight parenting even though your son would not be actually with you.

- mean that your son could continue his schooling.

As I say, you would need to check this with people more knowledgable.

That is very helpful Zonked. I will discuss this with my solicitors on Monday.