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Court agreement yet CSA ignores it – is this legal?
In 2008 myself and ex had gone to court to settle maintenance payments. I had paid £ per month every month previuous no problem, in court we agreed i would sign the house over to her, and pay maintenance up till she left secondry school, of £200 a month also.
After that i expected no more paymenats, because of the equity in the house i signed over to her, but she contacted the csa, and requested i carry on payments. Which after months i had to pay according to them.
How can this be if a court consent and settlement had alrready been reached the year before? Now im broke and still may have to pay for another year up to 19 yrs of age if she stays at college.
Can anyone tell me is this legal or what?
4 thoughts on “Court agreement yet CSA ignores it – is this legal?”
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When I met my 2nd husband he had 2 children who lived with their mother.He gave her the house and took over all debts,the judge gave her £1.00 per year for each child.Two years later CSA got involved because she was on benefits and our life changed for the worst,suddenly the court order is thrown out and we ended up paying £270 per month.We could only rent because we could not afford to move forward to buying our own house.Not sure were you go on this and yes if your daughter goes to college you will be held for CM till she is 19 years old.
I’m pretty sure if the court order wasn’t renewed then csa can take this over at the pwc request, you really need to seek legal advice or speak to your mp. My hubby signed over his house with equity and she went on benefits and csa got involved, without his knowledge until now, this been proven and still waiting on the outcome….she has since sold the house at profit and living with her new husband in their new home with him paying the new mortgage and her putting down just the deposit, which we were told isn’t allowed if on benefits. Also found out that the eldest boy of 24 isn’t my hubby’s….its sick and twisted and these pwcs get away with it and the nrp left broken. How many men are doing this to be screwed over twice? Good luck
Too many men Jay! It is quite shocking that pwc can do this and are believed all the time.
You pay maintenance while a child is in full time non advanced education so depending on the course she is doing you may have to continue paying maintenance. My 16 year old is going to college September this year doing an HNC so is no longer classed as a qualifying child.
I agree with Jay that you should go back and see your solicitor. The solicitor should have put some kind of clause in the Agreement that your ex couldn’t go to the CSA as you were leaving her the property.
HAROLD,
Were using a solicitor at the time? If so, I would contact them and ask why, if they were acting in your best interests, they failed to make you aware this could happen during the court proceedings.
In most cases either parent can apply to the CSA after a 12 month period has elapsed since the court order was made.
If the child/ren concerned meet the criteria and qualify under the Child Support Act, the CSA can make a maintenance calculation.
Sadly, the CSA will not take into consideration the equity in the house.
During finance proceedings at court, was a consent order made stating that neither party could come back for more?
If not, you could consider going back to court re the equity in the property.
chall ~ afairercsaforall