CSA Versus Consent Order

My partners ex husband has recently persuaded the youngest child to live with him. now he is there, the ex husband is going hell for leather at claiming for everything he can, and is now in the process of trying to negate his CSA arrears by applying for CSA payments from my partner. He is now bringing in the fact that he has paid the mortgage in the past as a way of saying that he has paid the arrears in that form.
A Consent Order is in place and states that he should make the mortgage payments. Am i right in thinking that this has no bearing on CSA payments and that the consent order is there for the protection of my partner and not for the maintenace of the children.

Thanks
Paul

Don't know on this one, but picked up a tip from solicitor earlier today that may help...

Not sure, but I think that if the consent order is over a year old it can be varied. Don't know whether he has to do this first before not paying it though. Hope that helps.

I am not sure i was very clear, He owes quite a substantial amount in CSA arrears to my partner, and what he is trying to do is say to the CSA that he has been paying the mortgage and this should be taken into consideration against his arrears. The Mortgage payments have been set out in a consent order and the agreement he made at the time was to make seperate maintenance payments for the children. which surprise, surprise he didn't do.

Surely the CSA cannot use this against my partner.

Paul

Drummerman

Are you living with your partner?

Mon

Mon

No, i am not living with my partner.

Paul

How is the consent worded?

I don't have it with me, but from memory it states that the Ex H should pay the mortgage on the family home until the last child reaches 17 years of age or leaves full time teritory education. if my partner co-habits for more than 6 months or re-marrys then the home is to be sold. Now that the youngest child has been persuaded to move in with him. he is no longer paying the mortgage and insists that the consent order is based upon the youngest child living at the home, even though it does not state that anywhere. My partner and i do not have the funds to take him to court and as we have been advised that the courts will just slap his wrist so it dosn't seem warrant the risk of losing even more money fighting another losing cause. He is in a very well paid job and is only making a claim against the CSA so that he can avoid paying the arrears that he has built up by not paying for over 5 years and this is only based on the £100.00 per week he has convinced the CSA he earns. Not very much for a medical professional. The CSA are now holding onto the arrears until his claim is processed. in the meantime my partner does not receive the arrears she is owed and also now has to pay the mortgage to avoid losing her good credit rating and her home. My partners son is also concerned about losing what he calls his home and has told us that if he were to move back then his father has told him he would break off there relationship. What lengths some people will go for money
Can the CSA really take these past mortgage payments into consideration.