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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 and qualifying children

  • Molly72
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09 May 12 #329410 by Molly72
Topic started by Molly72
Hi,

my ex paid for our daughter via a private arrangement. He has just told me that as far as he is concerned his payments will cease when she finishes school in June as she will no longer be in education and will be over 18.

As child benefit is still payable up until September can I apply to the CSA?

I know that if I already had a CSA case it would continue up until September despite her finishing school but will they take on a new case when she isn''t in education?

  • Fiona
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09 May 12 #329411 by Fiona
Reply from Fiona
Was the arrangement formally agreed in writing or in a Consent Order settling the finances on divorce?

  • Bobbinalong
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09 May 12 #329417 by Bobbinalong
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molly, why do you think the cm is payable to a september?

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09 May 12 #329420 by Molly72
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No there is nothing in writing. There may be a letter somewhere agreeing an amount but it was a private agreement between us.

We did use the CSA when we first split up but due to my ex''s circumstances changing the assessment went down. He was happy to pay more but insisted it had to be a private arrangement with the CSA case closed or the assessed amount via the CSA.

Naturally I went for the former and closed the case! In fairness he has always paid the agreed amount but now wants to end it earlier than I anticipated. I will have all the expenses associated with an extra person in the house until she goes to uni but with no help.

Will the CSA intervene given her age and not being at school anymore just for those few months?

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09 May 12 #329423 by Molly72
Reply from Molly72
Bobbinalong wrote:

molly, why do you think the cm is payable to a september?


Because she has just finished A''levels they keep paying it until September as far as I am aware.

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09 May 12 #329425 by Bobbinalong
Reply from Bobbinalong
I saw a post recentley about the new csa.
Seems he will pay a fee as a percentage of the amount, and you also will pay a percentage fee based on the amount.
Also for a few months for you, I have also seen posts from people trying to get csa cases through over many months.
I guess you have to weigh it over how much you think its worth, and dont think I am anti CM payments, I pay mine and have since day one.
Some people make it difficult using the system because they can!

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09 May 12 #329432 by Fiona
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Under current CSA rules when children finish school in June CM is paid until CB finishes in the September. As far as I''m aware the CSA charges don''t apply yet and the CSA aim to deal with cases in 12 weeks.

I don''t think there would be a difficulty in claiming through the CSA and it wouldn''t do any harm. In our case the CSA dealt with my claim urgently because my ex stopped paying CM just a couple of months before our son left school. My ex didn''t reply to the requests for information and within 6 weeks of the application the CSA had contacted his employer and CM had been deducted from his earnings.

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