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Hi!
Currently pay maintainance via the CSA which is not the issue - the issue I have is that the house I own jointly with the ex wife is due to be sold soon. I have been advised by the CSA that whe ex wife is entitled to put a variance order in to them to say that I have come into some money (only 4-5K) and that I may have to pay her more money via the CSA each month. I only work 9.5 hrs a week as I am the main carer for my other 2 children so I will not be able to afford much more!
Is this true??? If so the ex will receive about 20K so will the CSA look at that too????
I have also spoke with the ex and said she can have the whole house if the claim through the CSA is withdrawn - this would be clearly detailed on the COURT papers/orders - however the CSA have said that they don't take court orders into account and that although she may withdraw the current claim - she would be entitled to start another one a week later...
Is this right?? Seems crazy to me that a court order would be ignored if both parties agree!!!
Any help/advice would be appreciated
The CSA can override a court maintenance order 12 months after it has been made. As far as I am aware, the CSA only assess on assets (excluding the house you reside in) over £65,000 so I'd query this with them, as I don't think £4 -5 k will make any difference. I'd certainly be very careful about offering her the whole of your equity.
Thanks for your info.
The CSA are unable to comment as they can be seen as assisting me in avoiding paying maintainence - they have told me to check the website - which I can't seem to find at the moment.
How the [censored] can they override a court order - its a joke really
Hi There,
actd is right any financial order from court will only last 12 months and the csa can over ride this at the end of the 12 months, I don't understand how it can be right but these are the rules currently in place.
As actd has said don't look at loosing all equity in your house as it won't help in the long run as she could just go to csaat a later date and put in a claim.
I would imagine that if a variance order could be put in then my ex would have done so when I was made redundant a few years back (she seemed to find every way to extract money she could) so I wouldn't be too concerned about that one, though it may be worth asking citizens advice.
Darren
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