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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.


CSA CASES

  • WYSPECIAL
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21 Apr 12 #325490 by WYSPECIAL
Topic started by WYSPECIAL
Hi,

does anyone have any experience of keeping open a CS1 (ie pre 2003) case when the PWC wants to close it?

Obviously in child support law either party have the right to keep the case open but many years of experience has taught me that the CSA are less than helpful and may try to fob of a NRP.

Do they tend to try to cause problems and mis-inform NRP in these situations or do they play fair?

  • mumtoboys
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21 Apr 12 #325498 by mumtoboys
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I think they have their issues whichever side of the fence you sit on!

If a PWC wants to close a case, I don''t see that there is much the NRP can do about it. The PWC can''t be forced to accept money, can they? Is it the case that the PWC concerned wants to shift to CSA2? My understanding if that''s the case is that they have to wait 13 weeks to be able to re-open a case on the CSA2 calculation. Most NRPs seem to find that they are better off on CSA2 than CSA1 as far as I can make out.

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21 Apr 12 #325534 by WYSPECIAL
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Thanks.

Either party can open a case and ask for an assessment.Not sure how it stands if PWC refuses to accept the money but they can''t stop a NRP applying for an assessment.

A lot of PWC closed cases if it worked out that they would get more under CS2 when it first came in. NRP had to ensure that case was re-opened within 13 weeks or didn''t get closed in order to stay on CS1. I just can''t remember which section of CS Act covers it!

Not sure CSA will be helpful enough to tell me if I ring up. In fairness person would probably know less about CS than me anyway.

If anyone knows please could they post or PM me?

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