Can anyone tell me if at the FH when the Judge sets the maintenance figure, is it broken down into whats child maintenance and whats spousal maintenence, and if so am I automatically entitled to the CSA 1/7 discount per night I have them (currently 2 nights a week) off the childs portion. Or if the judges just sets a figure, say £500, would I still get a deduction on that for nights the kids stay?
Just to clarify, unless there are certain circumstances such as the NRP living abroad and working for a foreign company a court doesn't impose child support. CM can however be agreed in a Consent Order.
The courts can make a Segal or Connell Order. These orders enable the Court to order maintenance providing for the needs of a family as a whole by way of a global sum which is to be reduced by whatever the CSA calculates to be the maintenance payable in respect of the children. A Segal is a temporary order and a Cornell is of course the long term position.
Such orders can however only be made where the PWC has a substantive maintenance entitlement and not where there is a Clean Break (Dorney Kingdom vs Dorney Kingdom 2000).
Where time is short do not forget to consider a consent interim or even nominal order for periodical payments which can be varied when an overall settlement is reached (or not) This also protects the family against the 12 month and a day rule which allows parents to approach the CSA after 3rd March
I happen to be NRP living abroad working for a foreign company.
I remembered that.
Other circumstances when the courts rather than the CSA have jurisdiction are when there's a step-child who is a child of the family, maintenance for over 18s in education/ training or when the NRPs income exceeds the amount assessed by the CSA.