Any CSA experts ?

Hiya

I have copied this from Section 8 of the Child Support Act 1991.

Section 8 refers to cases that the courts cannot get involved in.

(5) The Lord Chancellor or in relation to Scotland the Lord Advocate may by order provide that, in such circumstances as may be specified by the order, this section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—
(a) a written agreement (whether or not enforceable) provides for the making, or securing, by an absent parent of the child of periodical payments to or for the benefit of the child; and
(b) the maintenance order which the court makes is, in all material respects, in the same terms as that agreement.

I cannot get my head round what it actually means.

I have tried ringing csa but today they are hopeless....

I am trying to establish if the CM aspect of my Separation Agreement can be enforced as the CSA were not involved at the time(eg an application had not been made)

Can anyone translate ?


poppy

I am trying to establish if the CM aspect of my Separation Agreement can be enforced as the CSA were not involved at the time(eg an application had not been made)

The simple answer is no. A written agreement, sometimes referred to as a maintenance agreement, needs to be turned into an order by the court to be enforecable.

Hi

From what i have read my understanding is section 8 is something to be enforced via the courts rather than the CSA.

Hi Fiona and Angel,

but doesn't

shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—
(a) a written agreement (whether or not enforceable) provides for the making, or securing, by an absent parent of the child of periodical payments to or for the benefit of the child; and
(b) the maintenance order which the court makes is, in all material respects, in the same terms as that agreement.

mean that if there is an existing written maintenance agreement (without involvement of CSA) then the courts DO have the right to make an order, whereas normally they wouldn't be allowed to, because they would normally have to refer to CSA ?

Am I getting completely the wrong end of the stick (in this much needed loophole ?)

poppy

(tired and emotional:( )

If there is agreement then the courts may make an order signed off by the judge that reflects the terms of the agreement but it can only be enforced from the time the agreement became an order.

Order by consent do you mean ? and ONLY by consent ?

So the courts can't impose an order which reflects "the written agreement" and backdate it to the date of application of form A ??

Ohhhhhh I think I get it now. It's just a plain lil old Consent Order.... about as much use to me as the chocolate tea pot !

I shall ask for a Connell order then -

Thanks for explaining

poppy
x

Poppy, you need to be aware that under s28(1)a MCA1973 the court cannot impose any maintenance order beginning earlier than the date of the making of an application for the order.