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Fought and never missed a payment for my son! In March I was granted joint residency !!!! 🙂
At the last court meeting, I had written into a court order that me and my ex wife had agreed to go 50/50 with school trips/uniforms etc!! So in April I cancelled my CSA Direct debit. My ex wife called me last week to say the CSA had contacted her and told her i owe her £ in arrears (since April) ?? They then contacted me and i told them what had been agreed and written into a court order and thats why she has never contacted them. The CSA acknowledged they had recieved the court order. But they are saying she has to close the case?? She now wants to keep the case open (because she thinks she is getting £ arrears) The CSA have told me due to the 50/50 it will not be £*** and they will do the deductions.
My question is can the CSA just dimiss a court order? agreed in writing by my ex wife and by a Judge??? I have been going 50/50 for uniforms etc and now she is eligable for back dated CSA??? How is this possible and if so what if she had done tis 3 /4 years down the line ?? I dont get it and i would like some advice if possible? I thought i would try this site before going to see a solicitor.
Many Thanks
Thanks
To the best of my knowledge, the CSA can't take over the case until the court order is 12 months old. I'll ask the CMO whether they are able to comment on this.
Hi, I'm Sarah, a consultant for Child Maintenance Options.
The CSA will only have jurisdiction to act in cases where they are made aware that there is a court order for maintenance and it has been in place for at least 12 months. This means that your ex wife would need to close the CSA case herself (assuming she was the one who opened it in the first place). You would still need to make your CSA payments, until she closed the case.
We are unable to answer case specific questions, therefore you will need to contact the CSA directly to discuss any back-dated payments.
I hope this information helps.
Sarah
Well at least you now know what you need to do - good luck with it
Let us know as I am sure other dads may find themselves in the same situation
Hi, i've crossed swords with the CSA many times and they 99.9% of the time take the side of the mother, regardless of what information you give them.
They are widely known for not taking the Fathers side of things into account as my own experience shows.
I sent them full documentation of the contact i have, how much i spend on her every week (clothes etc), how much i was giving my ex, how much it was costing me in fuel etc to collect and drop her back off as my ex was so unreasonable but they still said "tough" you are her Dad so basically do as your told and pay what we say you pay.
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