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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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HelloI have a current child arrangements programme

Customer Question

I applied for a shared residency order back in july last year but we decided to agree on a order to be written by the court so there wasnt a need to return, It clearly states the days, time ect which my daughter spends with me all holidays are shared.The issues i now have is the paragraph in the order whic states

"It has been aggreed between the parties that any costs for schooling will be shared equally between the parties and that the current or future provisions through the csa for maintence will cease or not be applied for, All costs shall be agreed between the parties for Amys maintenance"

This order was issued on the 14th november 2014, previously i was paying the csa £5 (this figure was because i had just set up in buisness and my first tax return was minus hence the low amount) a week but still all costs were shared equally, obviuosly reading the order and advice from the solicitor i thought all payments would stop,,In April i got a call asking why i hadnt made a payment which i then explained to the csa,,after a few weeks and them recieveing a copy they then said i still had to pay as my ex hasnt cancelled it

Icompletley understand  that a judge cannot  stop CSA payments so i know they must be made but my 2 questions are,,,As it stated in the order that payments will cease,  is my ex in breach of the order because she didnt cancell it with the csa and now wont?

2nd questions is surely my solicitor should have known that by writing that csa payment will cease that it cant cease in court or by any judge but only by the person who applied for it,,was my solicitor working in my best interest?,,doesnt seem that way as i am exactly as i was before going to court,,Hope i have explained it ok

I guess I feel a little hard done by firstly by my solicitor not advising me correctly and secondly all the time and money spent going to court etc has ended with basically waht i started with,,Is there something that can be done?

I really hope i have expalined it clearly and you may be able to help?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What reason has your ex given for not cancelling the claim?