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, Solicitor
Category: Law
Satisfied Customers: 33010
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Type Your Law Question Here...
Clare is online now

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: 3 months ago.
Category: Law
Expert:  Clare replied 3 months 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 3 months 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 Apologies for the delay but all of my divorce paperwork had been archived.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 3 months ago.

How old are the children now?

Customer: replied 3 months 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 3 months 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 3 months 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 3 months ago.

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

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice