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 ?
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.
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