How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

My nephew is currently being hounded, by the CSA. Despite

Resolved Question:

My nephew is currently being hounded, by the CSA. Despite having a legal contract with his ex wife that he would pay maintenance for his son until he reached the age of 17, which he has honoured in full, they are now asking for a further £10,000 on the basis that he is still in further education. However, the son only attended college for one year, after which he dropped out and sought employment. My nephew has already paid £6000 on account, but is disputing the remaining £4000. Can you help please.

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Did your nephew pay at the CSA rate rather than the court rate once the assessment was done and how old was his son when he left college?
Clare
Customer: replied 2 years ago.

Hi Clare - thank you for getting back to me.

My nephew paid at the CSA rate, as the matter was never taken to court.

As far as the son is concerned, he left secondary education at 16 and then attended Wigan College. From there he went to Sheffield University, but left after the first year. As he was one of the oldest pupils in his year, His birthday is ***** October),we think he was 20 when he left university. Unfortunately, there has been a complete breakdown in communication within the family and information has not been forthcoming in this regard.

Hope this helps and I look forward to hearing from you again.

Expert:  Clare replied 2 years ago.
Hi
CSA was payable so long as the child was in Secondary Education - which included College as it is about the level of the qualification not the type of institution.
Given when you say his birthday is ***** Maintenance would have been payable until the September after his 18th birthday
It was not payable whilst he was in University
Without knowing his earnings it is impossible to assess how much of the arrears are in fact due
The starting point is for your nephew to obtain a copy of his file - £10 under the Freedom of Information Act.
Once he has this he will be able to assess where the assessments went wrong.
He may also get assistance from this group
www.nacsa.org.uk
I hope that this is of help - please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi

Many thanks for that information. I shall pass it on to my nephew and hopefully it will help to resolve the situation.

Regards

Customer: replied 2 years ago.

Hi

Many thanks for that information. I shall pass it on to my nephew and hopefully it will help to resolve the situation.

Regards

Just one more question: to whom does he apply to get a copy of his file?

Expert:  Clare replied 2 years ago.
Hi
You are most welcome
Clare
Customer: replied 2 years ago.

Just one more question: to whom does my nephew apply for a copy of his file?

Expert:  Clare replied 2 years ago.
Hi
The details are on pages 14 and 15 of this leaflet
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/193807/CSA_use_store_info.pdf
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you Clare

Related Family Law Questions