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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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I contacted the CSA back in October 2012 to set up child maintenance

Customer Question

I contacted the CSA back in October 2012 to set up child maintenance for my 7 year old son who lives with his mother and whom I am divorcing. She rejected the offer but the case was left open. In June at the FDR hearing within the interim order was an order to pay £500pcm child maintenance I argued that the CSA were dealing with this however it remained. I spoke to the CSA and they stated that the court had no jurisdiction over the CSA case as it was still open. This week at the final FDR hearing, the financial settlement was agreed but the judge maintained that the child maintenance would remain in the order. Once again I argued that the CSA was dealing with this but he stated that the order was in place. Who is right - the CSA or the courts?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
Has the CSA completed a formal assessment based on your income?
Do you live and work in the UK?
Clare
Customer: replied 3 years ago.

Hi Clare,


 


Yes they completed a formal assessment however it was not to my wifes satisfaction and she rejected it. The case has remained open but with the assessment at NIL. I asked in June if they could re-assess the case and they stated that it was up to my wife to request the re-assessment. I am aware that she has been in contact with them. I am annoyed as the figure of £500pcm has not been derived from what my son needs for maintenance. My wife refuses to work and so is using every effort to ensure I fund her lifestyle as previously.


 


Yes I live and work in the UK. I also am living with my fiancee who is due to give birth to my child in the next three weeks. The court is fully aware of this and ignored the fact that I have two other dependants.

Expert:  Clare replied 3 years ago.
Hi
Why was the assessment NIL?
Clare
Customer: replied 3 years ago.


As my wife rejected the initial assessment, the CSA changed it to nil. If my wife had of requested a review, they would have come back to me with her requirements. However, the key question is does the CSA have jurisdiction over the courts as this case was opened prior to the court case (as they maintain)?

Expert:  Clare replied 3 years ago.
Hi
What is your income - from ALL sources?
Clare
Customer: replied 3 years ago.


My income varies but is approx £32,000, however I am still awaiting the answer to my key question, who holds jurisdiction - the CSA or the Courts? The CSA maintain that they do yet at the final FDR, the judge maintained that the courts do? Could you please advise on this.

Expert:  Clare replied 3 years ago.
Hi
There is an even more key question which is bothering me - the Court has no power to make a CHILD MAINTENANCE order unless it is by Consent - was this Order made by Consent?
Clare