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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34274
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Me and my ex husband have a financial order dated 1/12/11.

Resolved Question:

Me and my ex husband have a financial order dated 1/12/11. We agreed that i would receive £600 per month £344 spousal maintenance the rest child maintenance but he will only pay the child maintenace if a go through the csa, but surely if we already have this agreement then why do i need to go through the csa? ive contacted the csa and i will get less each month if i go through them. Please advise me. He is self employed. 

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
For clarity - you have a court order setting out how much he should pay is this correct?
How much are the arrears?
Clare
Customer: replied 3 years ago.

Hi Clare i have a consent order that states i should get £344 spousal maintenance £234 child maintenance and another £22 child maintenance as the judge added it wrongly in the rose order to make up the £600. He pays the £344 plus the £22 every month but will only pay the difference if i go through the csa. I have on numerous occasions gone through the csa as ive had no choice but because the csa messed me around on several occasions i cancelled it. But because of the consent order i didnt think i needed to go through the csa directly. ive spoken again to the csa as i getting desperate for money but they tell me that if i agree to go through them then they will over ride the consent order. The csa have quoted me less money to go back through them. I am too worried to go back through the csa as im not sure who is in the right here. I believe he owes me about £1K from 2012 and another £1k for 2013/ 2014 im not too worried about the debt but need to know if i take him back to court for not abiding by the consent order will i win


Many thanks

Expert:  Clare replied 3 years ago.
Hi
Unless and until a CSA assessment is in place (and your ex can apply for it if he wishes) then the Order stands - and you can enforce it in any of the ways detailed here
http://www.familylaw.co.uk/system/uploads/attachments/0002/1197/EX327.pdf
(however NEVER register the order in the magistrates court)
You will need the permission of the court to enforce arrears that are more than 12 months old - so the sooner you start the better
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi thank you, XXXXX XXXXX of £234 was an original amount assessed by the CSA before we went to court, we told the judge this amount and he calculated the rest to add up to the £600. Do i have to go back through the CSA.

Expert:  Clare replied 3 years ago.
Hi
Is there an assessment still open with the CSA.
Clare
Customer: replied 3 years ago.

No i decided to close it down with csa as i had nothing but problems with them, so there is nothing open with them

Expert:  Clare replied 3 years ago.
Hi
Then no you do not have to deal with the CSA - you enforce the Order via the courts
C;are
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