CSA conditions in Court Orders

I have an ex who is threatening me with legal action and demanding money from me.
We had a court maintenance order 3 years ago when we first divorced.

My ex stopped working and applied to have a nominal court order drawn up that allowed him to pay 5p per year. He then got a job abroad for a while and didn't pay any maintenance for 2 years. When I discovered he was working again in the UK I decided to go through the CSA as it meant we wouldn't need to go back to court.

He is now demanding money back claiming there is a clause in the original order that exempts him from paying over a certain amount in school fees and is asking me to give the money back.

I get a fraction of what I would be entitled to through the courts. He has only just started to pay the school fees for my son as from September.

My CSA payments are made as a deduction from earnings because he would not pay otherwise. He has tried everything to evade the CSA, pretending not to be himself initially and then reducing the payments by paying 2/3rds of his salary into his pension fund.

Where do I stand legally? is the clause still valid? His circumstances have changed and he earns more now. Would it be another variation to enforce this clause or is the clause not valid because the order has expired?

Can someone please help me as I am very confused. I was told that the order expires after a year and or after 3 months of the CSA taking on the case. Do I need to take legal advice?
Many thanks
Sam

It's worth checking the exact terms of the order. Whilst the CSA has jurisdiction for child maintenance the courts have powers to order school fees on top and a variation if circumstances change.

Hi samanda,

I'm no expert (I'm sure if the info I'm giving you is incorrect - someone will come along soon to give you accurate info)

But as far as I'm aware Court Ordered CM is only valid for 1 year, 1 year and 1 day after this you are able to apply to the CSA.

As you have already done this, I think this is the current process he has to abide by.

Because the CSA are now involved I don't think the courts will touch CM.

SM however is a different matter.......

It all depends on the wording of the Court Order as you state he claims there's a Limit of his paying 'School Fees' - is it listed as School Fees or as CM?

Is the CSA money you receive paying for the school fees or are you claiming the School Fees separately?

But as I say - I'm no expert!

Take care

WR

Thank you so much Fiona

Our order states that if we go to the CSA he shall be entitled to reduce his payments towards the children's school fees to the extent that the payments made for child support exceed £6,000 per annum per child.

I have until recently met the bursary fee and extras for both children. We now have one child in education, the school fees are £15,00 per year. My maintenance for the year is £8,654. My ex is expecting me to pay the remaining £9,000 per year. Is this correct do you think?

When the order was made my maintenance was for £18,000 per year and a third share of bonuses, his last one was £250,000, he also had to pay 2 lots of school fees. My ex now has a higher paid job and lives with a wealthy lady so he has no mortgage etc.

My ex has also lied about where he is living, saying that he lives with his mum. He could reduce his CSA payments for the upkeep of her child but he doesn't.

If I ignore his demands do you know if I am in contempt of court? I feel harassed and threatened as he is demanding money by next week.

Thanks Sam

I think strictly speaking your ex is correct, but because of the changes in circumstances there are perhaps grounds for a variation. When the non resident parent earns more than £2k/per week the courts can award top up payments as well as school fees. It would be in both parties interests to negotiate rather than resort to the courts and run up huge legal bills. My suggestion would be to see a solicitor to check the terms of the order and start negotiation.

Dear Fiona

Thanks again for your invaluable advice.

Regards
Sam