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Hi and thanks in advance to anyone who may be able to offer some input.
Brief details, or as brief as possible, sorry!!!
Split from my ex nearly 4 years ago, have two children with her who i see every other weekend. Never been a problem with me paying her maintenace, always and i mean always been trouble from her, especially since meeting my new/current partner who has restored my faith in women god bless her!!!!
26 may 2012 - I was contacted by the CSA as my ex had filed a maintenace direct claim and i went through the calculation process.
19 April 2012 - was given the calculation.
21 April 2012 - advised CSA about a change in my circumstances and a recalculation started.
11 May 2012 - Had an ammended Consent Order (CO) drafted which my ex signed this day. in this CO as well as other financial matters was about maintenance. An agreed figure, the same i had been paying for nearly the last 4 years without fail. This was £50 less than the CSA's calculation but my ex signed it, therefor agreeing.
22 May 2012 - Ammended CO was filed with the County Courts and sat in the Judicial Chambers awaiting a judges signature.
23 May 2012 - Contacted by the CSA as my ex decided to change the claim from a Maintenanc Direct to a Full Collection and they asked me for bank details, i told them i was not willing to give them at this point as had been advised that my pending CO stands for 12 months and they can not intervene. I was quite literally told that the CO was not worth the paper it was printed on, even though it would have a County Court judges signature and be a legal document. I then spoke with another person from the CSA 10 minutes later and he thought i was right but upon checking his superior told him/me that they have the power to overide 9 out of 10 consent CO's. I then checked on some paperwork my solicitor sent me from the Family Law Book that clearly stated about the 12 month issue, i called the CSA again, within 20 minutes from them first calling me, spoke to another guy who told me i was right, but they needed to see the CO.
24 May 2012 - spoke to my 'case worker' at the CSA who told me that as far as the CSA were concened, they have jurasdiction over any consent order and although she understood my points, especially my ex signing the CO on 11 May yet intiating a Full Claim on 23 May, they had to act on her request.
25 May 2012 - After contacting my solicitor, she was very perplexed as to why my ex had initiated the CSA after signing the CO knowing it would be issued soon. But thats about all the help they could advise as they were not specialists in dealing with the CSA, no one in Dorset is apparantley and believe me i have since tried everyone. My soilictor still belieived the CO would take precident over the CSA but of course the CSA disagree.
29 May 2012 - CSA contacted me to say that after checking with legal department in relation to mypoints, they say they have jurasdiction over any pending CO as they first contact me on 26 March 2012 therefor laying claim to any matter in relation to Maintenance first which means the CO is insugnifficant in regard to Maintenance.
30 May 2012 - After speaking to as many organistations, solicitors, local MP's office, Parliment Office who advised a CSA Helpine line number, i was told that the CSA do have jurasdiction over the pending CO as it was still not signed by the Judge, but only from 23 May and NOT 26 March, not that it matters as i still don't have a signed CO so it will be past 23 May in anycase.
I very reluctanlty contacted the CSA and gave them my details and now waiting for them to call me tomorrow to take the first two week spayment and then set up a standing order for monthly payments, GREAT, can't wait!!!!!!!
Through this whole ordeal i have become disillusioned with the legal process as i have looked to follow the correct procedures to protect myself now and for the future, the most important thing being that my ex and i have a joint low for the next 4 years still and she owes £100/month which as per the CO was taken into account and offset in my maintenance payments to her to ensure i recive that payment as she has previously neglected to pay her half. the CSA dont care about that, they can do a variation calcultion but its about £16, whooppedoo!!!!
So now i am all set to be paying the CSA the full maintenance payment, £50 more than the private agreement as per the Consent Order and then to get stiffed by the ex over the £100 for her half of the loan, which although the Consent Order covers that too, i will have to file a breach of the order if she doesnt pay and then wait for the courts to deal with that, but then i wonder what will ahppen there as the maintenace part has failed.
My sincere apologies for the length of this so called brief detailed post and if you are still reading this and not given up, THANK YOU!!!!
I look forward to any comments on this as i feel proper deflated by all this and especially as no one seems willing or be able to stand against the CSA. Don't get me wrong, i know they are there for a reason, but surely they should look at each individual case properly, at no time has anyone tried to reinforce any private agreement, rather tell me that, yeah we understand and we know its not fair but our policy is this so our hands are tied. Well thanks very much, so in the next 4 years i am going to paying out an extra £2,400.00 in maintenance and possibly by her not paying her half of the loan, which is secured against the house i and my current family live in, a further £4,800.00, so £7,200.00 in total. all because of some F'ing sour, jealous, vindictive person who looks to interfere and mess about at every turn in my life but also gets the full reinforcement of government bodies who don't care about me and how it affects my other children.
Sorry guys, all the best and thanks again!!!!!!
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