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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex-wife and I are UK resident. In reaching settlement,

Customer Question

My ex-wife and I are UK resident. In reaching settlement, the Family Court capitalised future maintenance payments and awarded her a lump sum in lieu of future maintenance payments. The CSA appears to want to disregard this lump sum payment and thus, in effect, I am paying double maintenance. Can the CSA disregard the lump sum?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What does the Order actually say?

Customer: replied 1 year ago.
Morning Clare. Apologies for the delay but all of my divorce paperwork had been archived.
The precise wording that the order gives in reference to maintenance is;
ORDER DATED 2.3.2015
'The arrears and future child maintenance in respect of Poppy and Alice shall be suspended into a lump sum payment of £5,600'
ORDER DATED 12.2.2016
'The husband will pay maintenance to the child Poppy Cookson in the value of £750 per annum for the period of her university education, payments to be made at a rate of £250 on each of the following dates, 2nd September, 2nd January and 2nd April'
I have attached scans of the Orders because on the order dated 26 February there is a clause about all future claims being dismissed which may be relevant.RegardsRussell Cookson
0795(###) ###-####
Expert:  Clare replied 1 year ago.

How old are the children now?

Customer: replied 1 year ago.
Alice is 13. Poppy is 19 and 20 in February 2017. She is just about to start her first year at uni.
Expert:  Clare replied 1 year ago.

I am afraid that the CSA/CMS can indeed ignore the Order - the law is clear on the issue.

The "no further claim" paragraph does not apply to the CMS as it is in fact not possible to 'buy out" future Child Maintenance as a matter of Public Policy.

I am sorry to give such bad news - please ask if you need further details

Customer: replied 1 year ago.
Thanks Clare. What a bizarre system!Just one last very quick question; accepting that I can't 'buy out' of maintenance, will the CSA take into account the lump sum which I paid and deduct it from future maintenance payments? Thanks for all your helpregards
Expert:  Clare replied 1 year ago.

No I am afraid they will not do so - unfair I know and frankly you should have been told at the time