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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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I am a father of one child with a court order in place

Resolved Question:

Hi,
I am a father of one child with a court order in place providing shared care/custody of my son. Custody of my son is split 50/50 with my ex wife.
The court order was obtained in August 2013.
In November 2013 my ex wife applied to the CSA for child maintenance as she was in receipt of the child benefit ( which can not be split between parents).
Even though new legislation was passed in the Commons in 2011 and effectively came into effect in 2012 ( I believe) which provides that parents with shared custody and responsibilty for a child should not be required to pay maintenance the CSA placed me their 2003 scheme which means I have been paying funds to my ex wife after the law had changed - are the CSA legally allowed to do this?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Did she tell the CSA that you had shared custody?
Customer: replied 1 year ago.
yes - I believe she did. I have certainly informed them. It appears they had set up a cut off date at the end of November 2013 and because my ex wife applied two weeks before their own cut off date they put me straight on to the 2003 scheme.
Thanks
Matt
Customer: replied 1 year ago.
Hi Clare,
I am not sure if this is still working, as I have not received a reply?
Thanks
Matt
Customer: replied 1 year ago.
My query has not been answered - the response to my initial enquiry was answered with another question that I answerd at about 1650 and I have had no reply.
Expert:  Clare replied 1 year ago.
Hi
My apologies for the delay - I was unable to access the site for a while
I am afraid that the Roll out for CS3 was indeed a long winded process and your ex was very well informed in terms of her timing
There is talk of a Roll over from one scheme to another - but it is not expected in the foreseeable future and it is likely that CS$ will be in place before there is ever any progress to this stage
I am sorry to have to give such bad news,
Please ask if you need further details
Clare
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