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I'm hoping to get some advice.
I've been paying child maintenance to my ex - every month since 2001 at the moment ive been paying 300 per month, this was set up through the courts. Ive always paid, never missed a payment, and i will continue making payments.
Anyway Ive remarried, have another child.
For sometime Ive been struggling with the payments, when the arrangement was made I could do as much overtime as i wanted, but now the overtime is almost non. Wrote a letter to my Ex, stating that i can no longer afford the 300 per month, as my wages have reduced.
Since when Ive had phone calls from my ex, stating I cant do this, as it was set up by the courts-so I said we will have to go through Csa, Ive already spoken to them who agreed i was paying too much relating to my salary.
My ex stated that she cannot go through csa as the case was before 2003. And csa wont take it on.
I need to know if i can get the 300 per month changed, as i simply cant afford it. Also is it true that csa wont take it on as it was before 2003
I would appreciate any advice
Hi tonker,
First of all welcome to the DadTalk Forum - We are very lucky here to have some very clever people at both CCCS (money experts) and the Children's Legal Centre (legal experts) helping us out. I will ask both to have a look at this and respond. It may take a few days so bear with us and we'll try to get you an answer.
In the meantime why not have a peek round the Legal Eagle and Finance boards in case anyone has had a similar query answered already.
Hang in there mate
Thanks really appreciate it.
Yes Ive been having a look around, really good site.
Hi Tonker,
When the court first decided how much maintenance you must pay, it took into account your income and outgoings. However, your financial circumstances may change. For example, you may get ill or lose your job, or be in a relationship with someone else and have more children. If your circumstances change and you can no longer afford the amounts ordered by the court, you can apply to the same court to change (vary) the order. You should send a copy of your budget sheet with your application to vary the order. You will have to pay a fee to make your application but this could be reduced or waived if you’re on a low income.
I hope that this helps.
Regards,
Amanda
The best ones to ask are the CSA themselves. But, I have a sneaking feeling that because you already have a court order, if you want to vary this you will have to do it through the court.
Amanda
Thanks Amanda.
I just telephoned the CSA and they told me to contact the courts to find out what it is and to get a copy for the CSA.
I spoke to the courts and they have told me that it is a financial consent order, and it was made in January 2003. So wouldn't the CSA have jurisdiction now.
Give the CSA a call and have them start a claim for you. You will need to forward a copy of your original court order to them, the type of order that you were issued will determine whether or not they can continue processing you claim. If they are unable to help then they will certainly advise you on how to proceed.
I am sorry that I can not give you a more definitive answer. The only way to find out for certain is to get the ball rolling.
Regards,
Amanda
I agree - the CSA take the date that they were first contacted (presumably when you asked them to take the case, rather than just an enquiry) as the date they calculate from). I would then pay through them, rather than direct to your ex-wife - you could then continue to make the same payment that you are currently paying, and if you have overpaid, then you will be able to claim back the overpayments (in reality, by reducing future payments), but if the CSA then decide for any reason that they can't take the case, your ex can't do anything as you have maintained payments until now. I'd check with the CSA that I am correct about the overpaying, but assuming it is, then you have nothing to lose and everything to gain.
Dear tonker
Following the advice from other posters above, it appears that you have a consent order for maintenance in place.
As this is a court order then generally the CSA will not become involved unless the order is discharged or varied. As advised above, it is a good idea to contact the court regarding variation of the order. The court will be able to provide you with the appropriate forms which you will need to fill out and send back to the court with the appropriate fee.
As mentioned above, it would be beneficial for you to contact the CSA directly to determine at what stage they are able to become involved. The CSA state on their website that they may not take on cases where ‘a court order instructing the non-resident parent to pay child maintenance was made before April 2003’* which would apply to your situation. Therefore it is unlikely that the CSA will have jurisdiction at this time.
If you require any further advice or clarification then please do not hesitate to contact the Child Law Advice Line on 08088 020 008.
Kind regards
Children’s Legal Centre
* http://www.csa.gov.uk/en/setup/who-can-use-csa.asp
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