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Segal Court order and the one-year CSA rule

  • mike12
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19 May 12 #331572 by mike12
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I am paying a Segal Court order, and my ex wife has made a CSA application, which would result in me paying over and above the amount of the Segal Order.

I understand that with Consent Orders made at court the CSA have no jurisdiction until 12 months have passed from when they are issued. 12 months has not passed yet, and I have told the CSA this.

It does say on the Order that ''Such sums to be reduced pound for pound by any assessment and payment of Child Support pursuant to the Child Support Act 1991.''

I understand that the CSA can eventually cancel out the Segal Order, but is it a Consent Order that comes under this 12 month rule?

Thanks for any help.

  • dukey
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19 May 12 #331594 by dukey
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The CSA cannot vary or discharge a segal order only court can.

As you say once the order is a year old she can apply to the CSA, but the SM reduces £1 for £1 by any increase in CM.

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19 May 12 #331598 by mike12
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Excellent!

Dukey the CSA are saying I am wrong (though the woman at the CSA keeps putting me on hold and asking her bleeding supervisor so no doubt they are confused!)

The CSA after squabbling with my ex about this 12 month rule, has pointed out to them that my Segal Order makes no mention specifically to the children or child maintenance, only that it is a contribution to the mortgage, so it is not a ''maintenance order'', and therefore the 12 month rule does not apply. I have been bullish and explained a Court order is a court order to them!

So it seems all Segal Orders are the same no matter the wording and whether they mention child maintenance or not? So no wriggle room for the CSA coming after me for the moment?

It talks about me paying money for the mortgage, and then the above about ''such sums be reduced pound for pound...payment of child support''.

Thanks

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19 May 12 #331600 by dukey
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Not all at the CSA will understand or even know of segal/connell orders, we have a new expert on site his user name is child maintenance options he is here as part of the governments support for the site, why not send him a private message so he clarify the situation with who ever you are dealing with at the CSA.

Segal orders come with lots of different wordings, for you the mortgage payments form the SM eliment and that payment will be reduced pound for pound by any CSA assessed increase, in essance she can ask to be assessed and then you vary the payment to suit, the payment should really only be reduced after court agree but with an order such as yours the variation is a given.

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19 May 12 #331624 by Fiona
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A Segal order by it''s very nature is for a global amount, CM+SM together, so the 12 month rule applies. If the person at the CSA doesn''t understand this I would ask to speak to someone more senior and better trained.

The point about a Segal order is that when CM increases SM automatically decreases and vice versa so the global amount remains the same and neither party is going to be any better off by going to the CSA. It is therefore unlikely that many people apply to the CSA when there is a Segal order and the staff won''t be that familiar with them.

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19 May 12 #331681 by mike12
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''It is therefore unlikely that many people apply to the CSA when there is a Segal order and the staff won''t be that familiar with them.''

Fiona unless I have misunderstood you, you are saying that because in most cases the Segal Order is higher than any CSA CM amount?

However in my case the CSA CM amount will be higher than the Segal order after the 12 months is up. So since the CSA are already on my case, I just pay the CSA amount when the 12 months is up? I have no grounds to oppose it!? :)

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19 May 12 #331683 by Fiona
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By means of example the way a Segal Order works, say CM is £20 and SM is £80, you will pay global maintenance of £100. Then if the CSA assess CM at £30 SM is decreased £4£ so you only pay £70 SM and the global amount remains the same at £100.

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