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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

  • alldone69
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19 Sep 12 #356736 by alldone69
Topic started by alldone69
hi all, my friend has just got her Absolute through !! since then her ex husband had stopped all payments to csa and claims he is not working, he gets £1200 per month in private pension he took early retirment 4 years ago from teaching, but soon went back and did supply work. he has now got his new partner living with him and she is in process of selling her house. there are no children living there.
Qusetion is could she apply to courts through her original solicitor to try and claim maintenance for the child they have together even though the csa had said originally he only had to pay £1.78 per day. Can the courts over rule the csa? she had been told that the csa dont take into account co-habitation but the courts would! is this true? and what would the outcome likely to be ?
Thankyou.

  • Fiona
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19 Sep 12 #356772 by Fiona
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The courts have no authority at all to impose an order for child maintenance when the CSA has jurisdiction. A child maintenance agreement can be included in a Consent Order by agreement but the courts cannot impose an order.

  • TBagpuss
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19 Sep 12 #356775 by TBagpuss
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No. the courts only have jurisdiction in relation to child support where the CSA does not (e.g. where the paying party lives outside the UK)

Income for CSA purposes includes payments from a pension (unless it is a war disability poension or similar) so if he has £1200 per month the start point would be 15% of that. She needs to contact the CSA and make sure that they are aware of his income

  • WYSPECIAL
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19 Sep 12 #356777 by WYSPECIAL
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He can''t just stop his payments to the CSA. If his circumstances have changed he can ask them to look at it again and re-assess.

Has he done this? If not ask CSA to enforce payment.

Pension will be assessable income so if it isn''t included ask for a change of circumstances review to get them included.

  • alldone69
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20 Sep 12 #356912 by alldone69
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thankyou for your replies x

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