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CSA and consent orders

  • poppy5
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23 Oct 10 #230828 by poppy5
Topic started by poppy5
Hi

If a Consent Order detailing spousal and child maintenance (not connell or segal) is over 12 months old and the NRP earns more than £2k per week can the NRP go to the CSA and does the CSA asses the child support for the earnings up to £2k per week and the resident parent applies for a 'top up' via the court, or is the CSA not now allowed to asses the application at all ?

Thanks to anyone who knows

poppy

  • Fiona
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23 Oct 10 #230836 by Fiona
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It is open to either parent to apply to the CSA one year after the date of a consent order. The theory is the CSA assesses the amount of CM on the capped amount and it is open to the parent with the majority of care to apply to court for top up payments on any income above the cap amount to maintain the lifestyle of children.

In practice what tends to happen is CM is agreed in a consent order rather than dealing with both the CSA and the courts.

Bear in mind the capped amount is shortly due to increase to £3k per week and the cost implications of applying to court.

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23 Oct 10 #230838 by poppy5
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Thanks Fiona,

Bear in mind the capped amount is shortly due to increase to £3k per week

I did not know this. Is this part of the new CMEC gross salary rules or something else ?

Thanks

poppy

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