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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34479
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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Finalised divorce in May this year. Since Oct 2013 have been

Customer Question

Finalised divorce in May this year. Since Oct 2013 have been paying csa £503 per month for children. Divorce states I have to pay toward school uniforms and trips but when paperwork was set up for divorce I was only paying £350 per month maintenance. After decree nisi wife applied to csa and they take this money from wages each month. Do I still have to keep paying more for school uniforms and trips??? I just don't have any more and she has a new partner so what can I do please??????? Thanks James
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.
What is the exact wording of the Court oRder on this?
Clare
Customer: replied 3 years ago.

AND UPON the Parties having agreed to each bear half the cost of any school trips/activities and half the cost of the children's school uniform (for the start of each academic year in September)


 


Thanks James

Expert:  Clare replied 3 years ago.
Hi
When was the Order made?
Clare
Customer: replied 3 years ago.

2nd May 2014

Expert:  Clare replied 3 years ago.
Hi
I am sorry - I am confused - how much were you paying in maintenance when the Order was made in May?
Clare
Customer: replied 3 years ago.

Arrangement order for children went to court when I was paying £350 per month as agreed. Between time of arrangement order and divorce settlement wife contacted csa and since October they have been taking £503 per month direct from employer.

Expert:  Clare replied 3 years ago.
Hi
When was the Consent Order actually sent to court?
Clare
Customer: replied 3 years ago.

Decree Nisi issued 20/12/2013.


Arrangements for children statement 22/03/2013 when agreed to pay £350.00 per month.


Final Consent Order 2/05/2013 stating previous paragraph.


James

Expert:  Clare replied 3 years ago.
Hi
I am afraid that you are bound by the Order - which is not unusual even where full maintenance is being paid.
Had your ex applied to the CSA AFTER the Order had been made then you would have had potential grounds to seek a variation, but in fact it was made many months afterwards following a process in which you could have renegotiated the issue but did not do so.
I am sorry - I am aware that this is not what you wish to hear, but I am afraid that I have to be honest about the position that you are in
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Thank you you confirmed what I feared was right, but thought it would be best to have it verified.

Expert:  Clare replied 3 years ago.
Hi
You are welcome - I am sorry that the news was not better
Clare