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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Overnight Stays

  • MrsMathsisfun
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31 Jul 12 #346363 by MrsMathsisfun
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I guess you need to just wait a bit longer and then try again. If the increase has only been since June the CSA might think its only a blip and not a set pattern at present.

  • C. J.
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31 Jul 12 #346370 by C. J.
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Its frustrating as he agreed a schedule of dates with the mother but she''s now denying it so she won''t get a reduction.

The CSA wouldn''t acknowledge that the Order states "additional contact to be agreed between both parties" and that the ex has agreed to additional contact during the school holidays.

It''s just so silly!

He has another court date in Sept so I think he''s gonna hold off until then and get the Order more defined so she can''t riggle out of it.

Can the child maintance options please confirm if he''ll get the overnight stays backdated that he''s already had when the CSA finally do agree to the variation as it''s not fair that he shouldn''t.

  • jslgb
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31 Jul 12 #346395 by jslgb
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CJ,

How does your partner agree the contact with his ex?Maybe it is worth getting them to do it via email so there is a ''paper trail'' which he can print out to show to the CSA with times and dates etc on?

  • C. J.
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31 Jul 12 #346396 by C. J.
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jslgb,

It was agreed on 3 separate occasions and then drawn up on a calender schedule. A copy was sent to the ex and a copy to the judge so he knew that dates had been agreed due to the exisiting order being ''open'' and flexible.

In order to wriggle out and delay a reduction in overnight stays the ex has told the CSA that the schedule is not correct and they have taken her word over my fiance''s without challenging her over the calender that my fiance sent into them.

It just seems so unfair when my fiance is telling the truth.

  • mbird
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31 Jul 12 #346411 by mbird
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I know exactly how you feel, been there, done that one!! Eventually truth came out and justice prevailed!!! She denied I had any contact or had been paying her, even though I w as the one who approached csa as she kept changing her demands financially, turns out I was overpaying her.
It took months, I literally phoned them every day, then it was refered to the manager there, they all knew my name in the end. I sent in bank statements evidencing payments, she was requested to send her evidence to prove I hadnt paid, crazy thing is she sent in her bank statements proving I had paid her ???
With regards to contact, I sent in court order, plus photocopies of diary entries EVERY time I had contact. Wrote down where and when picked them up, also videoed discreetly on my phone pick up and drop off with picture o that days paper to evidence date!!!
I rang them literally every other day, you have to be relentless. Also in the end when they agreed shared care, I mentioned there own regulations regarding if Either parent provides false information they can be fined up to £1000 and prosecuted for fraud.
If all else fails tell them you want it looked at by an INDEPENDENT CASE EXAMINER they are in an office in Chester.
It''s all about greed... Crazy. Good luck and DON''T give up.

  • C. J.
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09 Aug 12 #348389 by C. J.
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Thanks mbird,

He does use a contact diary so I''ve suggested to him that he puts the dates of contact in the diary and photocopies the pages.

Thanks for the advice.

  • Felixstowe
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09 Aug 12 #348415 by Felixstowe
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Hi

I was on the other side with my ex claiming he had them far more than he did to pay less, luckily I''d kept a spreadsheet of all overnight stays for both parents with explanations as to what I''d had them extra or vice versa and had done this for a full year before applying to the CSA. I only applied as he refused to give me any money at all towards things like child care, hobbies etc and he was an idiot as I actually asked for half the amount I was awarded :SCame in handy I was able to pull it up and answer any questions regarding any dates they questioned, he actually claimed for one whole week when I''d taken them on holiday out of the country!!

Keep a spreadsheet and then you can email it to them every few months, you should be given the name of a specific case worker. Though daft it might not be a bad idea to photo them etc, Facebook is also a good way of catching them out if you can get access to her page. My Stbx claimed a few nights but I was able to print screen evidence of him being away on a course for work and posting locations etc :laugh:

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