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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.


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Data Protection Act

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21 Apr 12 #325515 by taken4amug
Topic started by taken4amug
Hello again,
A quick simple question after some brief facts.
I have been separated from my wife now for three years, in all that time I have reliably been paying monthly a 20% contribution to her by direct bank transfer for child maintenance.
During that time she has insisted she wanted to see my monthly wage statement because she firmly believed I was earning more than I was letting on, in view of this she has now got the CSA involved which is not a problem for me as I had nothing to hide, the outcome was I had been underpaying her by a grand total of £8pm.
but now the CSA has informed the stbx exactly how much I salary I have been earning during the last twelve months, right done to the last penny as the CSA had contacted my employer.
So the question is...
Can the CSA divulge my personal information to any third part, eg the STBX?
Surely this is a massive breach of the "Data Protection Act".

I can even speak to my own bank without passing DPA security questions.

Any help would be appreciated as I will like to take this matter further, reason being,, these major agencies think they can do what they please and us lesser mortals have "no say" in the matter
Thanks
Phil

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21 Apr 12 #325524 by Fiona
Reply from Fiona
Disclosure of the NRP''s income is not a breach of the Data Protection Act. Under Child Support legislation the CSA is required to disclose it. The PWC is entitled to know how the CSA calculation was made.

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21 Apr 12 #325526 by taken4amug
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Yes but surely as the CSA had the amount I had earnt can they not keep this figure to themselves and only let the stbx the amount I owe...
OK, she is entitled to know how the sum is made up but her now knowing my annual salary as so wrong in my eyes.
I could not find out thro any avenues how much she is earning from her job or how much benefits she is claiming etc etc.

Thanks Fiona, this is not a dig at you but at the stupid system that makes its own rules up when and how it pleases.

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21 Apr 12 #325529 by sillywoman
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I receive CSA from my exhusband via the CSA and the award states my ex husband''s net salary at the top of the award.

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21 Apr 12 #325540 by Fiona
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Parliament makes the rules. S35 of the Data Protection Act 1998 authorises the disclosure of information in any case where the disclosure is required by or under any enactment, by any rule of law or by the order of a court. Therefore where a disclosure is required to be made by Child Support legislation it will not be in breach of the Data Protection Act 1998.

Regulation 9A of the Child Support (Information, Evidence and Disclosure) Regulations 1992 permits the disclosure of information given by the NRP to the PWC.

Disclosure of information to other persons

9A.—(1) The Secretary of State or a child support officer may disclose information given to him by one party to a maintenance assessment to another party to that assessment where, in the opinion of the Secretary of State or a child support officer, such information is essential to inform the party to whom it would be given as to.......

(d)how a maintenance assessment has been calculated .....

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