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Is a variation application from the CSA legal?

  • abrandnewstart
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21 May 12 #331965 by abrandnewstart
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I wonder if someone could clear this up for me please.
My ex has applied to the CSA for a variation application.
Is this a legal application that I have no choice to pay?
He is claiming due to me having £65k or more of assests in a property that I purchased after our divorce. I do not live in the property my sister and her baby are living there at the moment until she gets on her feet.
I have paid CSA payments to my ex based on my small wage, but have and alwys will pay for her (We both have a child living with us) and I have no issue payining even more if this something that I legally have to do.
Please can someone give me some legal advice as I just cannot afford to pay for a solicitor as my ex has niot paid any maint for the child living with me for nearly 10 months now and constantly changes the circumstances as soon as the calculation fo what he needs to pay has been calculated. I''m just frustrated as he won''t pay for his non resident child.
Please can someone advise? i can tell you other details if needed. Thank you :(

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21 May 12 #331982 by cookie2
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If he is not paying then you should contact the CSA and ask them to collect it for you. You can only claim arrears up to 12 months so I would get a wriggle on.

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21 May 12 #331985 by abrandnewstart
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Hi there Cookie2, It''s been in the hands of the CSA since he stopped paying, the CSA are the ones that tell me that he changes his cicumtances and they have assured me that it will all be backdated and taken from source but it''s beyond a joke now :-(

  • maisymoos
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21 May 12 #331996 by maisymoos
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Hi brandnewstart

If the CSA assessment for a variation over £65k is successful in your xs favour then yes you will have to pay it. You will have an opportunity to appeal and then following this if the appeal is upheld you will have an opportunity to go to tribunal.

I think however, if your second property has more than 65K equity and you are not living there, there is an assumed income that you could make from it. i.e you could let it out and achieve a rental income. I know this has not been your choice but fundamentally it has an income potential that you are not achieving.

I think you really need to push the CSA very hard on getting the monies due to you for the child in your care. I had awful problems on a similar issue I rang them constantly(daily!!!) think they got fed up with me in the end, but it worked. Stick with the issue you can do something about don''t give up.

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21 May 12 #332003 by abrandnewstart
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Hi there maisymoos
Thank you for your advice,That is the only property that I own, i now live with my partner and have expenses for living there but i see what you are saying about the potential income, however is it correct that they do not actually calculate it on the rental they calculate it on on 8% of the value? do they not take into account that there is a small mortgage on the property and that i have living costs too and a child to provide for especially as he has not paid maint for so long? despite having been employed for the whole duration of my claim for CSA peyment from him?
I do hope that my posts donnot come across that I am trying to evaide paying for my non resident child, I have and always will pay what ever i need to and can, but i really do not have any more money to pay and am I right in thinking that if i do not have the ''cash'' so to speak that he/CSA can place a charge on my proprty? and if so what the implications of that will be?
Thank you and sorry for all the questions.
Thanks you.

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21 May 12 #332012 by maisymoos
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Hi

I have sent you a PM.

The 8% will only be calculated on equity if there is a mortgage this will not be included. You would only need to pay if the equity is over £65K.

Is the equity over £65K?

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21 May 12 #332015 by maisymoos
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Your only other option may be to move back in. The claim would then not be viable as it is your main residence!!

Possibly not a very helpful comment but may be worth considering.

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