Can the CSA offset my divorce payment?

February 1, 2012

I got divorced from my ex wife Mrs Karen Halls in 2006. As part of this arrangement our 2 children were to spend 5 nights with her and 2 nights with me. In terms of financial arrangements she received 75% of the value of the property amounting to approx £130,000. In addition I agreed to pay £312 per month to her for child maintenance and indeed pay for many other things on top of this such as bus passes, meals out, holidays, school trips etc.

On the 8th December after a number of incidents with her new partner my 2 boys Jack and Scott Halls are now living with me full time and spend zero nights with her. The incidents noted above have been reported to the police and social services who jointly are happy with the boys living with me full time. My ex wife has worked out a sum of £177 per month to pay me but has then made certain deductions eg feeding the boys 2 days per week and deducting £50 from that netting down to a payment of £96 per month which I am yet to receive.

I do not believe this is how this system works. Would you please be able to write to her, copying me into any correspondence, obtaining her payslips and give your independent assessment backdating the payments to the 8th December 2011 which is when my 2 boys have been living with me 7 nights per week. Her address is 25 Larkhay Road, Hucclecote, Gloucester. She refuses to discuss the situation with me so asking for your support as my last resort.

Additionally am I entitled to receive any of the lump sum I paid her on divorce which was made clear to me was for the benefit of putting a roof over my children’s heads.

aMany thanks, Jon Halls

Comments

2 Responses to “Can the CSA offset my divorce payment?”

  1. chall on February 1st, 2012 9:14 am

    Jon,

    I’m afraid none of us will be in a position to contact your ex directly regarding this matter and I would be tempted to ask the website owners to remove names and addresses from your post.

    There are other avenues open to you.

    Re; Court financial arrangements and property.
    As circumstances have hugely changed and the children now live with you, it would be a good idea to contact the court directly, explain the situation and ask for their advice regarding whether the decision could be reversed.
    It may also be necessary for you to contact the solicitor that represented you initially in the divorce proceedings.

    Re; Child maintenance.
    Have you applied for child benefit, as you are now the parent with care?
    If the maintenance agreement with your ex is not working and you receive child benefit, you can request the CSA/CMEC calculate and collect maintenance on your behalf (link to calculator http://www.cmoptions.org/en/calculator/calculator.asp ). Maintenance will be calculated at 20% of your ex’s income for 2 children, less any reductions ie other children living in the same household, shared care etc.
    A case with the CSA commences when they first contact the other parent. Unfortunately, they will be unable to collect any arrears from a private agreement, so it would be in your children’s best interest to act quickly.

    chall ~ afairercsaforall

  2. KMcQ80 on February 2nd, 2012 8:56 am

    Whilst I sympathise with your anger and frustration, remove names and addresses for the sake of your two children.

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