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CSA varying consent order help please

  • sunrise12
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02 Jan 12 #304118 by sunrise12
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Hi My Husband and I divorced in 2006.We have a Consent Order in place for our two children. The payments have not varied since then. A month ago he said he wanted to reduce the amount he paid. I said that if he provided me with all the information then I would consider it - this he said he would do. Then I received a call from the CSA as my husband has applied to them. I know that he can do this but they only take into account net income from his paid job. He also has houses that he rents out and considerable savings/shares. The CSA have said they will consider these if I supply all the information - obviously I don't have this as since 2006 I have never asked for any proof of income etc. He refuses to give it to me. This will mean that I will get a much lower amount than I have been getting for the last 5 years. Instead of going through the CSA can I take him back to court so that a full disclosure (on both sides) is taken into account? Also he claims that the consent order I have will then become invalid in it's entirety - is this the case?
In it he agreed to pay maintenance until the children finished a degree course - the CSA only covers until 18? To take out an insurance policy to cover payments until this time - the current policy expires when they reach 18. Sorry if this is a bit long winded but I need some advice as he refuses to speak to me about it and I only have a few more days to respond.

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02 Jan 12 #304121 by dukey
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The consent order is not invalid once the CSA assess just the CM part, The CSA will ask for his financial information including the rental income, once the kids are 18 they can apply to court who then have jurisdiction, if they do and he can pay he will be ordered to pay the kids.

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02 Jan 12 #304126 by sunrise12
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I have spoken to the CSA and they have said that if he denies having property income there is nothing they can do about it - it is up to me to prove that he owns the properties and what the rental income is. It is easy for me to prove that he owns the properties from the land registry but i can't provide income in rental or outstanding mortgages and as I am not allowed to see the information he provides to the CSA have no idea if it is correct.
They have sent me a variation form to fill in but I don't have enough information.
Frankly I don't understand the point of going to all the trouble to get a consent order if he can change his mind and it becomes null and void.
Are you saying that I can't apply to the court to have the situation reviewed?
Or apply for an increase in line with yearly rpi as so many other people I know have?

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02 Jan 12 #304127 by sunrise12
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sorry that was a bit of a ramble due to my frustration - how do I make sure he sticks to all the other aspects of the order as some don't even start for another 6 years?

He is very adament that the order is null and void if I agree to the CSA.

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02 Jan 12 #304128 by dukey
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The CSA can be a lottery, firstly get the name of who is dealing with this and keep on at them, they can request just about whatever they like, its getting them to do it, prove he owns the properties find out what others rent for and send that in also.

Once the order is a year old the CSA can deal with and court can do nothing, its not quite as simple as that but that is the end result.

Personally i don`t like to see CM in orders it gives people a false sense of security and often leads to trouble down the line.

One option you have if you do end up out of pocket is to take it back to court to have the nominal order varied to meet the loss from CM, wait and see how the CSA get on first though.

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02 Jan 12 #304130 by dukey
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Trust me that was not rude, and anyway i have the skin of a Rhino, you should read some of the pm`s i get if you want to see rude.

All of the provisions in a consent order stand unless the order is set aside by court which is rare and not the case for you, if he fails to comply with any part of the order you take him back to court and a judge will enforce the order.

The process is fairly simple, you write warning that unless he complies with the terms of the order you will have it enforced and seek costs (ask a judge to make him pay your legal bill) if he still refuses form D11 is files along with a copy of the order and any other evidence to be used, you then are both asked to court where a District Judge decides how best to deal with it.

I don`t know who he has talked too be he has it all wrong (quite common).

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02 Jan 12 #304137 by sunrise12
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Thank you. I was made redundant in the summer and because of that we had to sell our house to move into rented property - I can't get a mortgage without a job - jobs are not that easy to come by these day! So this is the last thing I need but I guess it was inevitable at some point. I will get on with gathering the information.
Thanks again
It's good to get a little positive information.

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