CSA & Consent Order

Hi All

Wonder if you could clarify something for me - I spoke to the CSA re maint payments from STBX = details :(2 kids @ 2ndry sch) & have a private agreement slightly less than what the CSA assessment was.
STBX owes several months from the beginning of separation & 1 missed month so far, hate to say it but I do need this money. The lady at the CSA said that it would be easier to ensure this is enforced if it was put in the Consent Order as I don’t want to have to contact X & ask for £, did for the missed pmt but so pointless & left me feeling like I am begging (think X quite enjoyed that, as dragged it on for 2 months with the promise of pmt!).

Is the CSA right? Expect certain months to be "missed" due to history of X, so just wanted to either pass it to CSA to sort (which they said they could do even if it was still a private arrangement) or as CSA lady suggested if I have it in the consent order would just have to send it back to the court if missed & they would enforce it!

So Sols said would write this in to the Consent Order & make it till the end of the 1st degree, is this also right – Uni courses may be very long, several yrs, but not sure if this is all for 1st degree part, mind you I suppose I will have to pick the bill up for Uni?

What would be the best thing to do? Don’t want to upset STBX at this stage – as just want it all over but need to provide for kids right till the end when they finish Uni??

Thanks JJX

That's correct, child maintenance agreed can be included in a consent order as part of the overall settlement and the courts can enforce any arrears. Arguably the courts have a better record when it comes to enforcement.

However, normally the courts have no powers to vary child maintenance and there is a 12 month rule that after a year either party can apply to the CSA and the court then ceases to have effect.

Thanks Fiona

Is there any point in putting it in the consent order then? If after 12 months either one of us can apply to the CSA?

I didnt want to use the CSA as we have already agreed privatley, but just dont want to have to chase payments, but also dont want to see the arrears go up further & worry if i will get the £ each month (hate going on the bank to see, either panic or sigh of relief).

When I mentioned CSA X said I was threatening & would stop paying all together!

Not sure what to do for the best really?

JJx

I would try to get get agreement and have child maintenance included in a consent order if possible. When agreement can't be reached there's no point in labouring the issue if it's the only outstanding matter. YOu can go through the CSA and over 18s in education can claim maintenance in their own right from separated parents.

Thanks Fiona

I wasnt aware of that & it really helps, I will leave the info in the consent order as it was part of our agreement during mediation & that was to be the basis of the consent order.

Thanks again

JJx