Can the CSA over turn a court order?

December 28, 2012

Can the CSA over turn a court order !!! They say they can. I separated form my husband 8 years okay and divorsed 5 years later after a very long and costly court battle. We agreed in the end a Clean Break settlement 9or so I thought).

We agreed to claim no maintance for each other or the children. My husband had two living with him I had one living with me. My eldest child left home 3 years ago leaving one child with me and one with him. 6 weeks ago our middle child when off to uni – i like a shot I get a letter from the CSA seeking to claim from me for the child still at home with my EX-Husband.

CAN THIS BE RIGHT.

Comments

14 Responses to “Can the CSA over turn a court order?”

  1. hornbeamfairy on December 28th, 2012 3:00 pm

    RT @CSAHell: Can the CSA over turn a court order?: Can the CSA over turn a court order !!! They say they can. I separ… http://t.co/42p

  2. hornbeamfairy on December 28th, 2012 3:00 pm

    RT @CSAHell: Can the CSA over turn a court order?: Can the CSA over turn a court order !!! They say they can. I separ… http://t.co/42p

  3. hornbeamfairy on December 28th, 2012 3:00 pm

    RT @CSAHell: Can the CSA over turn a court order?: Can the CSA over turn a court order !!! They say they can. I separ… http://t.co/42p

  4. hornbeamfairy on December 28th, 2012 3:00 pm

    RT @CSAHell: Can the CSA over turn a court order?: Can the CSA over turn a court order !!! They say they can. I separ… http://t.co/42p

  5. hornbeamfairy on December 28th, 2012 3:00 pm

    RT @CSAHell: Can the CSA over turn a court order?: Can the CSA over turn a court order !!! They say they can. I separ… http://t.co/42p

  6. hornbeamfairy on December 28th, 2012 3:00 pm

    RT @CSAHell: Can the CSA over turn a court order?: Can the CSA over turn a court order !!! They say they can. I separ… http://t.co/42p

  7. hornbeamfairy on December 28th, 2012 3:00 pm

    RT @CSAHell: Can the CSA over turn a court order?: Can the CSA over turn a court order !!! They say they can. I separ… http://t.co/42p

  8. hornbeamfairy on December 28th, 2012 3:00 pm

    RT @CSAHell: Can the CSA over turn a court order?: Can the CSA over turn a court order !!! They say they can. I separ… http://t.co/42p

  9. hornbeamfairy on December 28th, 2012 3:00 pm

    RT @CSAHell: Can the CSA over turn a court order?: Can the CSA over turn a court order !!! They say they can. I separ… http://t.co/42p

  10. hornbeamfairy on December 28th, 2012 3:00 pm

    RT @CSAHell: Can the CSA over turn a court order?: Can the CSA over turn a court order !!! They say they can. I separ… http://t.co/42p

  11. Smithy on December 28th, 2012 7:30 pm

    The court order is valid for one year from it’s date then either party can put in a CSA claim which overrides the court order.

    The is a slight issue for your ex in that they have raised the age you can claim for a child as long as they are in full time education to I think twenty. So you could put in a counter claim which would I guess cancel it out.

    In the longer term though if your youngest is still living with your ex then he will be able to claim from you. One thing to note is that it’s currently 15% of gross income for one child plus 8% per year of any savings or assets you may have over £65,000 excluding your primary residence.

  12. Smithy on December 28th, 2012 7:32 pm

    Sorry it’s 15% of net income not gross but the plan is to change that to a lesser percentage of gross to stop NRP’s diverting their income into things like pensions.

  13. chall on December 29th, 2012 10:30 am

    Mylee,

    If the court order was made after 03/03/03, and has been in force for a year or more, the CSA can accept an application.

    chall

  14. Alice on December 30th, 2012 12:13 pm

    the criteria for a qualifying child is

    under the aged of 20
    in full time Non -advanced education
    Child benefit is in payment

    Uni is classed as advanced education so the middle child would not meet the criteria

    the case would be accepted on the 2003 scheme as there is only 1 QC in the application so the calculation would be

    NRP’s net income
    less ROC allowance (allowance for any children living in NRPs household)
    multiplied by 15%
    less any shared care allowance (s/care all if QC stays overnight at the NRP’s home for 52 nights or more in a year)

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