The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

Can I stop CSA intervention

  • durance
  • durance's Avatar Posted by
  • Junior Member
  • Junior Member
More
29 Oct 12 #363582 by durance
Topic started by durance
I am divorced and recently moved in with a new partner. I pay child maintenance direct to my ex-wife for our daughter as arranged in a Consent Order. The amount I am paying is in line with the recommended guidelines as I understand them(ie 15% of my net salary). I am really happy to support my daughter and expect I will continue to do so well after she is 19 as she will be going to University. I have regular contact and help her out whenever she needs things.

My ex now says I should be paying more as my ''circumstances have changed''. I expect this will end up with her applying to the CSA when the consent order reaches 12 months (is this how it works?).

I am a responsible father and would find it demeaning and insulting to have any involvement with the CSA. I would be particularly insulted to have the CSA take money direct from me when I am already making payments direct at the recommended level.

If the ex makes an application to the CSA, do they have the right to take any action if I am already paying the guideline amount?

Grateful for any advice.

  • maisymoos
  • maisymoos's Avatar
  • Platinum Member
  • Platinum Member
More
29 Oct 12 #363587 by maisymoos
Reply from maisymoos
Under the current CSA system it would be up to your wife to make the decision to apply for an assessment and her choice if she is willing to accept direct payments from you or have the CSA collect the monies.

Under the new scheme (about to be introduced!) again either party can make an application for a Child Maintenance Assessment, but it would only be if the payer defaults on direct payments that the receiving party can ask for payments to be collected. They are also going to invoke charges on both the RP and NRP for use of the collection service.

  • u6c00
  • u6c00's Avatar
  • Platinum Member
  • Platinum Member
More
29 Oct 12 #363588 by u6c00
Reply from u6c00
The CSA only deduct from your wages at source if you are not paying.

The CSA is currently undergoing substantial reforms, one of their key aims is to get people to make their own arrangements instead of paying through the CSA (known, I think, as a Family Based Arrangement)

If she applies to the CSA then they will ask you for your income details etc. They will then assess how much you should be paying. Once they''ve done that you would normally continue to pay your ex directly.

If your ex informs them that you are underpaying/not paying then they may step in to take further action but if you''re meeting your obligations then they won''t need to do anything and won''t get involved.

To avoid confusion make sure that your payments to your ex are marked on your bank statements as something like "MAINTENANCE" so that if your ex ever did say that you weren''t paying then you can provide your statements as proof. Never pay in cash!

15% of net income is the rate for one child. It is then reduced according to how many nights your child stays with you. If you have a substantial number of overnights with your daughter then your ex may find she gets less than she currently does now.

  • Stokemeaclipper_says_bye
  • Stokemeaclipper_says_bye's Avatar
  • User is blocked
  • User is blocked
More
29 Oct 12 #363591 by Stokemeaclipper_says_bye
Reply from Stokemeaclipper_says_bye

  • WhiteRose
  • WhiteRose's Avatar
  • Moderator
  • Moderator
More
29 Oct 12 #363592 by WhiteRose
Reply from WhiteRose
Hi,

Welcome to Wikivorce!

CSA calculator for CM is the % from your net income (currently, this is due to change to gross) 15% for 1 child, 20% for 2 and 25% for 3 or more with deductions to this figure on how many times your child(ren) stay over night with you.

Have a look at the CSA calculator to see how much it is:
www.cmoptions.org/en/calculator/calculator.asp

TBH nothing will change - even as you are co-habiting, because the CSA only take your income into account.

I imagine if she called the CSA and explained the situation, they''ll tell her the same thing and she will realise she''s no better off than the current arrangement.

You don''t have an order for spousal maintenance or periodical payments?

  • WhiteRose
  • WhiteRose's Avatar
  • Moderator
  • Moderator
More
29 Oct 12 #363593 by WhiteRose
Reply from WhiteRose
Forgot to add that I think either party can only go to the CSA once the Court Order (pertaining to the CM) is over 1 year old.

  • durance
  • durance's Avatar Posted by
  • Junior Member
  • Junior Member
More
29 Oct 12 #363594 by durance
Reply from durance
Thanks for the responses.

There are no spousal payments. We did a Clean Break and settled through a capital lump sum in the consent order.

There are indeed plenty of other things to be insulted about...

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.