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[Solved] court order vs csa


Posts: 3
 CM62
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Topic starter
(@CM62)
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Joined: 14 years ago

I divorced in 2004 and a court order stipulated that I should pay my ex-wife £500 a month (to be increased with inflation - which I did) maintenance for our 2 children, until the end of their tertiary education (uni?).

A couple of years ago, after I had a couple of pay rises, remarried and had 2 more kids, my ex-wife went to the CSA and asked them to take over maintenance payments, which they did, and I now pay more than the court order stipulated.

My question is, the CSA stipulate that maintenance should be paid until the end of secondary education (and I presume will only take car of the maintenance arrangement through them until this time). Because the CSA have over-ruled the court order in terms of how much I pay, does the CSA ruling also over-rule the length of time I should pay for?

I am happy to continue contributing the same amount whilst (if) my children go through university; however when they turn 18 / finish secondary school, I would like to pay it to them directly to support themselves through further education, not to my ex-wife whom I believe would not pass on the full amount.

Thanks for any advice

6 Replies
6 Replies
 actd
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(@dadmod4)
Joined: 15 years ago

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Posts: 11892

Hopefully, one of the mods will pass this on to the Childrens Legal Centre for comment, so keep checking back here.

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(@mikey)
Joined: 15 years ago

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Posts: 332

Hi CM62

My understanding is that if you make maintenance payments through the CSA you are only obliged to pay until the child reaches the age of 18 but I will pass your question on to the Children's Legal Centre for their response.

Also, welcome to Dadtalk! Hope you are going to find it helpful and informative.

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 actd
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Posts: 11892

Hi Mikey

Yep, you are right that the CSA only collect up to age 18 (or until the September following the end of full time education secondary I think), but I'm not sure whether this supercedes the court order, or whether the court order can be re-instated once the CSA are no longer involved - definitely would be interested in the CLC opinion on this.

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 CM62
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(@CM62)
Joined: 14 years ago

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Posts: 3

Thanks for the advice mikey and actd - look forward to to CLC opinion on the matter.

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 CM62
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(@CM62)
Joined: 14 years ago

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Posts: 3

Hi - any idea if the CLC have had a chance to have a look / could advise on this? Many thanks

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(@mikey)
Joined: 15 years ago

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Posts: 332

Hi again CM62

I am sorry you haven't received a reply to your question. I have checked back through my emails and sent a request to CLC on 15th April. For some reason it seems to have been overlooked. I have resent your original post today and I hope you'll get a reply soonest.

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