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Dispute over amount being paid

  • kitten24
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26 Aug 10 #221185 by kitten24
Topic started by kitten24
Please help.

My partner is a great father to his 2 boys and we have them overnight at least twice a week (3 times during school holidays and when necessary to help out with child care).
However his wife informed the CSA when she applied for funds that we have them only one night a week. We have written to them and provided a full list of dates we have had the children over the last 18 months but they are refusing to amend the payments until his wife verifies what we have said (which she will not out of spite). Surely they cannot just take her word over ours?
I know it won't make a lot of difference to the amount but we are really tight for money at the moment and then there is the principal of the matter.
Any help would be much appreciated.
Thank you
xoxox

  • TBagpuss
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27 Aug 10 #221240 by TBagpuss
Reply from TBagpuss
have you had the response from the CSA in writing? If not, your first step should be to request this, and to ask that they set out the reasons for their decision.

You can then ask for a Review and if that is unfavoutrable, for a formal appeal.

Your other option would be to apply for a contact order (or to vary any existing order) so that the cotnact including 2 nights per week & additional holiay contact is formalised and the order can be provided to the CSA.

That said, while I understand why you & your partner are so angry, it is worth considering the impact of further dispute between their parents on the children and whether the small fiancial benefit outweighs the possible emotional fallout for the kids (who will be getting the benefot of the higher payment)

I don't see any harm in asking for a review but as an appeal or application for an order both involve formal proceedings do think carefully before going down that route. The risk I guess is that their mum may try to reduce the cotnact to what she hjas told the CSA it is, which wouldn't be in the children's interests, and it could take a while to then get back to the current position if your partner was forced to apply to the court.

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27 Aug 10 #221257 by kitten24
Reply from kitten24
Thank you so much for your response, I really appreciate it.

We have had nothing in writing from the CSA at all, so I guess this should be our first port of call. Thank you for the advice.

If the money we were providing was being spent on the children then it would not be so much of an issue but they are in desperate need of clothing and shoes everytime they visit. I'm sure she sends them in the worst stuff, so as we end up buying new bits for them!
Unfortunately my partner and his ex are unable to communicate amicably about anything. Although she has threatened on a number of occasions to stop us from seeing the children (often in front of them too), she simply does not want to care for them full time so it's not really an issue.
I would feel better if we had a formal agreement though that way we could assure the children of our commitment to them.
Is this something we can apply for as part of their divorce "agreement"?(I use that term loosely as they cannot even agree on the terms of divorce at the moment lol)Or must the application be made separately?

Once again thank you for your help and guidance.

xoxox

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27 Aug 10 #221268 by kitten24
Reply from kitten24
Thank you so much for your response, I really appreciate it.

We have had nothing in writing from the CSA at all, so I guess this should be our first port of call. Thank you for the advice.

If the money we were providing was being spent on the children then it would not be so much of an issue but they are in desperate need of clothing and shoes everytime they visit. I'm sure she sends them in the worst stuff, so as we end up buying new bits for them!
Unfortunately my partner and his ex are unable to communicate amicably about anything. Although she has threatened on a number of occasions to stop us from seeing the children (often in front of them too), she simply does not want to care for them full time so it's not really an issue.
I would feel better if we had a formal agreement though that way we could assure the children of our commitment to them.
Is this something we can apply for as part of their divorce "agreement"?(I use that term loosely as they cannot even agree on the terms of divorce at the moment lol)Or must the application be made separately?

Once again thank you for your help and guidance.

xoxox

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