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Consent Order, Enforcing Minimum CSA!!!

L Updated
Hi Everyone I know its been a while again, but I really am on the final part my divorce.. This months fun is Financial Remedy Order... We have agreed the financial split, very simple, clean break order, however I have been trumped again. My STBX is requesting a few lines added to the Order, specifically that CSA be set at a minimum of £512 PM regardless of circumstance. If the CSA calculate less then I still have to pay £512, if they calculate more that's fine. Currently the CSA is worked out on me never having my children over night so 0 nights. However I actually have them 118 nights average per year, and have a court order which stipulates a minimum of 66 Nights per year. I have not changed the payments to this point, because I wanted the divorce done and finalised before I attempted to make any other changes. (Fearing backlash) I should be paying either £370 or £440... well £370 based on nights. SO how can I reduce the CSA and not upset the STBX so she takes my pension and home?

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5 comments
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Comment
I think its a bit unreasonable to expect you to pay £512 a month no matter what your circumstances.

You could negotiate to pay that amount but stipulate that should your circumstances change, through illness, redundancy, unemployment etc, that it is then re-evaluated in line with the CSA.

That way you could protect your pension and home, but still allow your ex to get part of her pound of flesh.

Its a tricky one to be honest. And though it may seem mad, sometimes the CSA can work out fairer in the long run.
S
Comment
I have spoken to the CSA, we have had a case with them since March 13. They have told me not to sign any agreement. And anything agreed with a court now isn't enforceable and they will over turn.

L
Comment
Lost
For new CSA claims it can cost both parties. And the government take is going forward all claims will be dealt in that way. The aim is for parents to agree something reasonable. So like Pixy says, check the current rules out with advice from the forum.
Don't get conned on no overnights when you clearly do more than currently stipulated.
If you do more, the cots need to reduce.
Lots of (((((hugs))))) and wishes to keep you going!!
Carly xx
O
Comment
Whilst pixy is right be careful that the stbx doesn't get the order written in such a way that the maintenance is a 'global' order as this cant be changed after a year.
M
Comment
Check it out - probably better onthe forum than here - but I think child maintenance specified in the consent order is only valid for a year and can then go to CSA(or whatever they call themselves now) rates. If that's true, it's maybe a bit underhand but worth calculating the cost of the extra for a year versus the disruption and cost of fighting now.
P