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What are we each entitled to in our divorce settlement?

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Advice on a Variation application via the CSA

  • abrandnewstart
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16 May 12 #330990 by abrandnewstart
Topic started by abrandnewstart
Hi there, I wonder if anyone can give me some advice please?
My Ex has contacted the CSA for an Variation Application, I live with my new partner and son and my daughter went to live with her father.
I pay maintenance for her but he clearly wants more, I only earn £420 pm and with that I have to buy food, clothing and pay the mortgage on my house which my sister is staying in for a short time whilst she gets on her feet.
She pays me a small amount to help cover costs but i In no way make any profit from it.
The CSA are saying that my ex has applied for this application and that he is entitled to it, Can he do this? I literally live on the £420 pm and have had no payment for my son since last year?
I hope someone can advise me if he can do this or not.
Thank you in advance.

  • WhiteRose
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17 May 12 #331194 by WhiteRose
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I think if you are looking after a child each (and getting the relevant CB etc.) neither of you should pay the other (unless there''s a huge disparity in incomes)

Are you on talking terms - do you know why he has done this?

Do you know what he earns and what he would have to pay you via CSA?

www.csacalculator.dsdni.gov.uk/calc.asp

It would be daft for you to pay him £5.00 through CSA for him to pay you £5.00 :S:S

WR

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17 May 12 #331223 by abrandnewstart
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Thank you for your reply, He''s done it because he wasn''t happy that my wage dictated that I pay just a small amount each month which is why he has made a claim on my property...not sure how I can possibly pay him as although I live with my partner i contribute to bills etc there and i pay the mortgage on my own property.
My ex hasn''t paid a penny for my son since October of last year after i contacted the CSA to tell them my daughter had gone to live with(so that he didn''t need to pay me as much money for my son) As we had a direct payment plan in order he just stopped paying, and has changed the circumstances every few months since so a new amount has not been calculated as yet.
I just don''t know what to do :-(

  • maisymoos
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17 May 12 #331231 by maisymoos
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Has he applied for the variation on "assets over £65K" or on the basis that you are receiving an income from your sister?

Why do you not put a claim in for your son? and insist that the CSA collect the monies on your behalf, this may balance the difference. You need to keep on top of the CSA otherwise your case will slip to the bottom of the pile.

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17 May 12 #331232 by WhiteRose
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Allow them to assess you - think it will only be a minimal amount.

Although he hasn''t paid any CM to you for some months the CSA should chase him for the back payment.

What is the difference between what you currently pay and what the CSA calculator states?

WR

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17 May 12 #331234 by maisymoos
Reply from maisymoos
If he was paying you direct and the CSA were not collecting monies on your behalf, sadly they will also not chase for arrears. Your only recourse for arrears is to the Small Claims Court.

I am currently in this situation and have two small claims court applications on the go:( . I have now asked the CSA to collect payments on my behalf to avoid this arrears issue happening again.

Call them ask them to collect payments and chase them everyday if you have to to keep your case at the top of the pile.

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17 May 12 #331235 by WhiteRose
Reply from WhiteRose
Maisymoos - I think the CSA will try to retrieve arrears from the time they were contacted, hopefully the OP did this as soon as he stopped paying in October :S

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