Maintenance court order - variation?

There is a Consent Order and a Deed.

He has assets over £65,000 other than the house he lives in. Or he did have, when we divorced. Would it be best to apply for a variation to the Court Order first, rather than go down the CSA route? I believe the CSA assesses maintenance on income, not capital?

My solicitor said at the time that "you do always have the option of going back to Court to vary in the event you would seek to increase the maintenance".

I'm sorry but unless there are step-children, one parent lives abroad or over 18s the courts have no jurisdiction to impose or vary child maintenance if the consent order is more than a year old.

"no court shall exercise any power which it would otherwise have to make, vary or revive any maintenance order in relation to the child and absent parent concerned."

s8(3) Child Support Act 1981.

As I said above the CSA basic assessment is based on income but capital can be taken into account under a variation. See;

www.csa.gov.uk/en/setup/other-financial-commitments.asp

Assets other than your home have to be producing an income, or capable of doing so, in order to be assessed.

So for example if he has a house that he rents out the rent is classed as assessable income. If he chooses to leave it empty or let someone live there for nothing they can assume an income (8%pa of value going from memory) and assess that. Something like a pension pot wont be assessable as it isn't capable of producing an income until it is in payment. If it is in payment the payments are assessable income.

Surely he must have some source of income, even if only benefits, to live on?

He has a house that he rents out so he has income from that. I also suspect he was hiding money before the divorce so he may well have bought another house to rent out or be living off the interest. He would not claim benefits when we were together so I doubt he is now. He has a massive pension pot and assume he will start to claim that last year, if he hasn't already.

I'm sure it will all right in the end