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What is a Variation Order?

November 29, 2009

I’ll try to get to the point quickly!! I went through a horrendous divorce, falsely accused of numerous allegations e.g. harassment, driving without due care, fraud, implied sexual abuse to name just a few.

The sexual abuse was quickly dismissed by the Caff Cass officer (he said my ex wife said that my daughter had probably had too many sweets!!!) I won’t go into details. In the end most of the accusations went to court and I was proven to be innocent to ALL the allegations. No apology was forth coming!

When this was going on my wife made it impossible to see my daughter’s who were 3 and 8 years old. Numerous contact orders were broken but the courts did NOTHING! I spent ALL my savings trying to get justice in the family court but she played the system like a song. In the end my eldest daughter who was my angel refused to see me after my ex wife’s persistent brain washing. If anyone has heard of Parent Alienation syndrome (PAS) then they will fully understand what I am talking about. Now I haven’t seen either of my daughters for over 2 years (this includes ALL my family too) the pain is unbearable.

Now many of you will have already drawn conclusions!!! Now let me tell you the other side of the story?

I owned a successful children’s Nursery and was a successful financial adviser. The business I owned my ex ran. The ex had met someone and planned to take me to the cleaners. Six months prior to getting me arrested she got me to finish renovations on the business and finish payments on the car. The business was valued at £800,000!

Out of the blue I was arrested for harassment, when I was at my parent’s one morning. The police turned up with a van, patrol car and three officers! I still remember the police officer in the police station speaking to my very upset Father saying “Has he not told you what he has been up to?” I hadn’t even said a word! Guilty as charged!!

Because of the stress and constant breaking of contact orders I lost my job. Fortunately I met my new partner who was very supportive and saved me from going under. For the last year I have looked after my son (who I had with my new partner) on a full time basis (a house husband).

Now I said I would try to get to the point quickly!!! I received a financial settlement from my ex which was not good but there was nothing I could do. The settlement was full and final (or so I thought).
The ex recently applied for a “Deviation Order” she says I am living beyond my means as she has found out that I have been on holiday when my partner was on maternity leave. The CSA say that I must have an income but I explained that I was drawing the money out as and when I needed it to live on. I don’t receive ANY benefits or handouts. The ex got the business and has a very good living from my efforts over the last 20 years, now she wants to take money off me now from the divorce settlement which is ear marked for my future.

Can anyone tell me what I can do?

Written by David Thornton · Filed Under CSA Advice 

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Comments

  • chall says:
    December 1, 2009 at 9:20 am

    Hi David,

    In answer to the title of your post – a variation takes into account

    1) special expenses.
    2) property or capital transfers made before 05/04/93.
    3) additional cases.

    If you require a more in depth explanation, please join us in the forum at http://www.afairercsaforall.co.uk

  • Tania adams says:
    January 12, 2012 at 1:23 pm

    I wasn’t married to my partner, we split 5 years ago, we have 2. Children aged 8 and 4, yes we didn’t split properly as I fell pregnant with my daughter after we broke up and moved out of the family home. I only got 1 years rent paid for and £350 maintenance a month. His family are multiple millionaires, hiss house s paid for and has over £150,000 investment, and a trust fund.

    The children go to a private school which is paid for by thei grand parents on their fathervside.
    I pay forvall of the uniform, clothes and after school clubs. And have asked for help but he ont give it. I’m a single parent. What am I entitled to?

  • chall says:
    January 12, 2012 at 3:58 pm

    Hi Tania,

    The following link may help, pg 10 onwards deals with the CSA. http://www.cmoptions.org/en/pdfs/Getting%20Started.pdf

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