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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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A CSA Tribunal awarded me a Variation on assets of my ex

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Hi. A CSA Tribunal awarded me a Variation on assets of my ex partner in. 2014. Since then my ex has tried every excuse possible to reduce his payments (including reducing his income/diverting income by cancelling dividends and delayed timings of a bonus). In a recent reconsideration by the CSA my ex is now up to the limit that the CSA can deal with of £2000 earnings per week. The CSA cannot take into account the Variation on assets. The CSA have advised that I should apply to the Courts for a top up . Please advise what court I should apply to and the procedures involved.
Thank you.

Hi, thank you for your question. What is your ex-partner's gross taxable income?

Customer: replied 1 year ago.
163;66,000 earnings. Other monies earned from rents, but included under assets for the Variation awarded.

Thanks for confirming. Firstly, you will only be able to apply for a top-up child maintenance order through the courts if your ex-partner's gross taxable income is £3000 per week or more. Otherwise, the court does not have jurisdiction to deal with this and will refer you back to the CSA.

If his gross taxable income, including the rental income is over £3000 per week you can apply to your local family court for a top-up order using Form A1 and a £255 court fee.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

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Customer: replied 1 year ago.
Hi. Rents of £32,000 pa paid from jointly owned limited company that he controls (paid to him) for premises that are included in red book assets under the Variation. CSA can only award on their limit of £2000 income pw

Thanks for confirming - even if the £32,000 is considered as his gross income, in addition to his earned income this is still below the CSA limit and the court will no accept jurisdiction for child maintenance

Customer: replied 1 year ago.
Hi . £32,000 rents are in addution to his gross salary of £66,000.

Even then his weekly gross income will be £1884.62 per week

Customer: replied 1 year ago.
True, but I have the additional Variation of £1049 pw based on assets of £682,183 Obviously this was included when salary was lower, but now cannot be added as csa over their limit.

Thanks. If you were unable to meet the housing or substantial needs of the children then the same form A1 mentioned earlier can be used to pursue an application for lump sum order to court.