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CSA and variation disputes

  • mrsthailander
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29 Sep 10 #226994 by mrsthailander
Topic started by mrsthailander
Does anyone know what happens when one parent applies for a variation to reduce child maintainance, provides proof but the parent with care keeps disputing it?

Background:

My husband travels 1200 mile round trip every month to see his 3 children. Up until last month paid money direct to ex and paid her mortgage but she wanted more and applied to the CSA.

He has applied for a variation due to the travel costs involved. Provided receipts, hotel bills, bank statements etc to prove journeys took place.

However she is now trying to say that even if my husband has travelled up he doesn't have the children which is complete lies. And also that he hasn't paid the mortgage - he took one payment holiday!

She told the CSA the last time he had contact with the children was Easter - somehow she has forgotten the weekend visits and the 3 weeks we had them at Summer and the also the 2 weekends my husband travelled to have contact but she refused to let him see them!

Do we have to prove that the children were physically with us? Or can she just say what she likes and get away with it?

Thanks in advance for your help.

  • rubytuesday
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29 Sep 10 #227007 by rubytuesday
Reply from rubytuesday
No, she cant say what she likes and get away with it.

When there is a dispute of the claim for a variation, both sides are required put forward as much evidence as they can - ie dates, emails, receipts, etc. I spoke to the CSA yesterday about pretty much the same thing, and they told me that I could send in my calendar or diary to prove dates :S I have just included corresponding emails which confirm the dates daughter was with her dad, along with a list of the months and number of nights spent with him.

When they have evidence in from both parties, they look at the collective evidence and then make a decision based on what they have received.

So anything at all that might help prove that you did indeed have the children on those dates/weeks would help.

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