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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33813
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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We are currently paying maintenance via a court order, but

Resolved Question:

We are currently paying maintenance via a court order, but my ex wife's solicitor is now demanding my last 3 pay slips (I've already provided my last P60), are they legally allowed to do this?
Also, is she allowed to demand that we now go through the CSA or am I able to insist that we continue to adhere to the court order?

Kind regards,

Andy
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.
When was the Order made and has your income increased since then?
Clare
Customer: replied 3 years ago.

Hi Clare,


Please forgive the delay in replying.


The Court Order was made in 2003, at which time I was paying £400 a month spousal maintenance and £500 a month for my 3 sons. The order stated that this amount increased yearly according to the RPIndex. This increase stopped at £1024 in approx 2005 as I was struggling to pay. I am aware that at this point I could have asked that the payments go through the CSA, but I wanted to provide a consistent and secure amount. I have paid this amount without fail eversince, despite a fluctuating (and sometimes minimal income). I also pay my eldest sons car insurance of £87 a month, which she currently has sole use of, her life insurance and half of all school trips amounting to a total of £500 already this year.


Last month my ex-wife asked that I increase the monthly amount to £1,277 in line with the court order and the RPIndex. Also, that I pay the arrears in lump sums on my two youngest sons 17th birthday and when my eldest son approaches 'the barr' in 2016. All of this I have agreed to. However, she has now decided to seek advice from her solicitor who has asked for my P60 and last 3 pay slips. I have provided my P60 which shows an income of £41,000. I have not provided my payslips. One because I don't see why she should know my income. Two because it shows that for the last 3 months I have earnt £3,700 a month (before tax), this will give an unrealistic amount over a year, as I am now just about to become freelance again and my income will fluctuate. I do not wish to provide a fluctuating amount of money.


Do I legally have to provide this information?


Can she insist that we go through the CSA.


Am I being unfair and unreasonable?


Kind regards,


 


Andy Morton

Expert:  Clare replied 3 years ago.
Hi
How old are the children and how many nights a week do they spend with you?
When does the Spouse maintenance end?
Clare
Customer: replied 3 years ago.

Hi Clare,


 


The children are 11, 14 and 19 (at Uni). They spend every Saturday with us during the day. We have requested every third weekend for the whole weekend as well as every Saturday, but she says that the boys dont want to do this. However, when we ask the boys if they would like to stay overnight they nearly always say yes.


I work in London during the week and they live in Somerset so it is very difficult to see them during the week.


 


Kind regards,


 


Andy

Expert:  Clare replied 3 years ago.
Hi
It is a mixed bag of news.
Her solicitor is entitled to ask for your last three payslips - but given that you have a P60 due in the next few weeks you can simply give that instead and your April payslip - but she is entitled to them I am afraid
Either of you can apply to the CSA for an assessment whenever you wish and once the assessment is made this will replace the child maintenance part of the order
You can find the Calculation here
http://nacsa.co.uk/index.php?option=com_content&view=article&id=38:cs3-calculations&catid=2:uncategorised&Itemid=535
The Spouse maintenance will of course remain payable and either of you can apply for an upward or downward variation
So far as the arrears are concerned your ex needs the permission of the court to enforce any arrears that are more than 12 months old.
So far as contact is concerned if the boys wish to spend the night then the court will order it if an application is made -
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi Clare,


Thank you. COuld you also please advise as to whether or not I have to pay maintenance for my eldest son who is 19 and studying at university or if it is acceptable to support him seperately with direct payments into his bank account?


Kind regards,


Andy

Expert:  Clare replied 3 years ago.
Hi
Whilst the Court Order is in place you have to pay your ex and not your eldest unless she agrees to a change
Clare
Customer: replied 3 years ago.

Hi Clare,


Thank you. If payments go through the CSA does this mean that we still have to do this?


Kind regards,


Andy

Expert:  Clare replied 3 years ago.
Hi
The CSA does not cover children who have left secondary education so at that point you can indeed negotiate direct with your eldest
Clare
Customer: replied 2 years ago.

Hi Clare,


 


Do we have to apply to the courts to before we can ask the CSA for an assessment?


 


Kind regards,


 


Andy

Expert:  Clare replied 2 years ago.
Hi
You can apply to the CSA whenever you wish
Clare
Customer: replied 2 years ago.

Hi Clare,


 


I'm really sorry I've just realised that my email is rather ambiguous and unclear.


As stated in previous emails we currently pay maintenance as instructed by the Court Deed dated November 2003. If we would prefer payments to be via the CSA, do we have to apply to the courts who 'rubber stamped' the order first?


Kind regards,


 


Andy

Expert:  Clare replied 2 years ago.
Hi
No not at all - you simply apply to the CSA for an assessment
You only apply to the Court if you wish the court to deal with matters
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33813
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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