Can I fight the CSA’s decision?

June 9, 2012

When i left my wife in 2004 i agreed to pay her a fixed amount of money each month based on CSA guidelines on the internet.

When i got divorced in 2005 thi swas written down in a solicitors agreement with the provision i would continue to pay this amount of money until my children finished full time education or they reached the age of 18 which ever occurs first, i have always had my children during thi speriod and taken them on holidays and recently had my youngest live with me for 4 months (yes i did stop paying in this period)

My eldest also reached the age of 17 and now has a job and attends school for 10 hours per week, however when my youngest moved back to her mothers, her mother decided to contact the CSA, i have now been told the solicitors letter is not worth the paper it is written on and not only that but my payments have doubled, and i am now liable to pay for both children till they reach the age of 21 or they finish any type of education weather that be part time or full time.

Does anyone know how if i have any rights to fight this or do i have to just accept?

Comments

  • Alice says:

    Firstly if paying through the CSA ,it ends on 19th birthday.Go on to the http://www.nacsa.co.uk site ,it states CM remains payable until the terminal date,which is a period after a child has left school/college.A school leaver still counts as a child for CM upto the Sunday following the date unless s/he is 19 before that date,in which case it is the Sunday following the Monday before their 19th birthday.To the court papers they really are fit for the bin,the CSA take over from a court order 1 year after they are made(which happened in my case).I also believe that a child has to be in college 12 hours per week.If the PWC is claiming CB for the eldest then CM is payable for this child,check with the child benefit office if you think she is claiming this wrongly.Secondly and most importantly NEVER give your ex cash in hand ,get her to accept through a bank or get her to sign for it.(through the bank would be safer).Keep all letters and documents and do not ring the CSA put everything in writing,then you have proof if you have to fight it.Good luck in handling your case.

  • chall says:

    Alan,

    The CSA have the ability to calculate child maintenance for the time that Child Benefit is being paid and the child is aged under 16; or under 19 and in full-time non-advanced education.

    The definition of full time education is more than 12 hours a week (the CSA must look at all the facts if the time is less and decide if the education is F/T), which includes teaching, supervised study, exams and practical or project work, on a course up to and including A level standard.
    If the child is in advanced or higher education they would no longer qualify for child maintenance.

    chall ~ afairercsaforall

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