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The change is school leaving age has screwed us up

My fiancé and I want to get married this year. We have no dependent children of mine or his living with us. He has a 2010 child maintenance court consent order which told him to stop paying for his son on his 16th birthday (she kept the mortgage free marital home in exchange for this – it was her idea as she couldn’t raise his 50% of the value of the home – he agreed to this) its all in the consent order. His son was 16 in June 2013.

That year the school leaving age was raised and she took him to the csa. The csa have said that child maintenance orders can be revisited after the first year and arnt worth the paper they’re written on. This is because the law changed in 2003 allowing this.

His divorce lawyer maintains they were not aware of this and that they can’t see into the future with the governments plans to raise school leaving age.

As a result the csa have overturned the court order and are demanding £82 a week. We want to get married – we are trying to start over and find somewhere to afford to buy as well as honour all our other existing financial commitments.

I work 28 hours a week and qualify to draw down an age 55 private pension this year. We can’t afford for my income to also be taken into consideration and she takes my money as well.

So my questions are:

1. are my income and savings ringfenced and out of bounds should we marry and

2. Why could the CSA overturn the consent order because the government changed school leaving age but not take into consideration the fact that she got the house and its value and

3. how can we get information on the college his son is enrolled at and his attendance and exam records (he has been homeschooled since 11 and has just enrolled at a college but we don’t know if he goes or has ever done any exams).

We cannot get information from the resident parent or child as there is no contact and its totally hostile on their part despite him trying. The csa have this info and have verified he is the father to their satisfaction but say that the DPA prevents them sharing this information with him. and

4. what age is support capped at since school leaving age was capped?

I’m so sorry that this is long but I’ve been unable to get definitive answers from both our online research and the CAB.

Lastly he has just returned from work after back operations and the csa still took more money than his ssp which isn’t being returned. They said he had to file a change of circs which he did and its now been adjusted. But they knew in advance when he wasn’t going to be paid and they still took double his ssp.

I’ll stop venting now. Thank you for your patience. I hope to at least hear back that we are able to get married and that my income is safe so that we have money to live on.

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