Tribunal re:csa

Hi all,
Been a while as thought all was settled and running smoothly, how stupid was I to think that. Right I get SM which covers all mine and my childs living costs, my other child(me nrp) stays with us two nights a week now and every other weekend and half school hols.I recieve a small amount of CM for the one who lives with me CB and CTC but still have to cover other living costs for them.

Ex has taken case to full tribunal as he said Sm is an income. CSA have checked and explained to him 7 times as did the decision maker and an independant watchdog and a solicitor, that SM is not a taxable income so is not able to be used in a CSA assessment. That didn't stop him though.

Anyway when child is with me I pay all their living costs too, I get no money for (nr)child during long hols or for clothes, shoes food etc but I still make sure that child doesn't go without if I can afford it. Ex gets CB and has a very well paid job.

After all that my QUESTION IS: What are the chances of a Judge overturning the CSA decision and that of the other people and to go against current government guidelines and Law?

If they do overturn it and I have to pay CM from my SM then I have no option than to move again to a smaller property which I won't be able to have my child to stay at all. And not be able to have any sort of reasonable standard of living.

The CSA has jurisdiction. The CSA will convene a tribunal to deal with the issue raised. If those issues are without merit, the appeal will be dismissed and the dust will settle back on the original arrangement.

Charles

Thanks for the reply,

This is being held in front of a justice of the peace within the next few months, still waiting for a date. I understand a Judge can overturn the CSA decision but rarely get involved unless an order for cm is made in court is that correct, and this is just postering on the ex's part.

It appears however that the ex has decided to actually stop paying for our child that is with me and has told the csa that he is not paying as it's unfair on him really he is working I am not(been job hnting for 8 months now ). OH bo bloody Hoo. Argh he makes me very cross sometimes. So money tight belts even tighter and no new clothes for my children for a while which they all need.

Shame he thinks he's above the law oh well keep going.

Sunshine.

The First Tier Tribunal Judge based on what you tell us would not consider SM as net income under a basic assessment but I am not sure about a how they would feel under a Variation application. As a rule they will try and find income from any source to obtain a maintenance payment with out more facts its is hard to say.

Tribunal has past and the outcome was that the do not count SM as an income. So no award made. An for the ex's case he was charged with costs of the hearing. So hopefully that's the end of that part.

However a re-assessment was placed with the CSA for our other child(i am PWC) last september2010 and they have only got to the point of final stage now argh. I only knew about this because the ex has not paid any maintenace for 4 weeks now and I rang them 2 weeks ago. They also informed me that he has put another complaint into them. Hey ho some people.