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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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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When I got divorced the agreement was that my ex would pay

Customer Question

when I got divorced the agreement was that my ex would pay me maintenance based on CSA calculation, but with a private arrangement. He would produce his P60 each year so that I could see what his accurate income was. After a year he refused to show is P60 and went to the CSA for a reassessment. He lied about how many nights he had our son, and ended up paying me more. My son is 8 now, and my payments have not increased substantially since when they began, 8 years ago. I am sure he is not paying me the right money but when I say I will go to the CSA to get an accurate assessment he threatens me by saying if I do he will just keep upping his pension contributions to avoid paying me more money. Can he do this?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you but I need some further informtaion first

Just to check - you have not actually applied to the CSA in the past?

Customer: replied 1 year ago.
The only time was after the first year from divorce, when he broke the court order by going to the CSA and asking for a recalculation. They determined he was underpaying me because he lied about the nights, so he had to up his payments. But from then on we have been doing it between ourselves.
Expert:  Clare replied 1 year ago.

But that was a formal assessment they set the figure and confirmed it in writing?

Customer: replied 1 year ago.
they did. But it was 8 years ago.
Customer: replied 1 year ago.
sorry, are you still there?
Customer: replied 1 year ago.
hello, I haven't heard from you altough you are still online. As you have not answered my question then I assume I will not be charged. Thanks and regards, Tanya
Expert:  Clare replied 1 year ago.

My apologies - I was away from my computer - an unexpected meeting.

You should contact the CMS (CSA) and ask for a re-assessment - in fact they should have reassessed the matter at least every two years.

If your ex does increase his pension contributions (it happens) then you can ask for a "variation" and the CMS can complete a fresh assessment based on a more realistic pension

provision

Please do not let him control you in this way

Please ask if you need further details