I'm currently going through the high courts on the back of enforcement order as care should be 50/50 however the child isn't staying at all and hasn't stayed since the start of this year. We currently have a Section 37 underway as it appears this change of time spent isn't the childs decision.
Before we attended our court hearing in March, Mum was contacting the CSA to increase my payments but I kept sending the latest order which states it should be 50/50 so my payments didn't change for a while (I was paying around £150 a month and confident that Mum was behind this change in contact) - We attended court at the end of March and received an order that stated our 50/50 would be suspended for now. In early May, Mum contacted CSA again and I didn't push back on this one - The new payments didn't start until August but did cover back payments from start of May (I have been paying around £450 a month)
My ask here is that when I attend this hearing, I am hoping that there is some value in the fact that I have been utilising the court orders. Whilst the child hasn't actually stayed over for a while, an active court order stated that 50/50 should be the arrangement. When I received CSA review notification in early May, I accepted. A rise in CSA payments followed in which I have paid in full, on time. Does anyone know if they will likely side with this or will it prove to be another example of how utterly useless court orders are?
hi,
if you have a recent court order for 50/50 but either you or your ex inform CMS that child is not staying overnight with you currently, then they would ignore the court order.