maintenance court order-does a csa assessment overrule this if the original order wasn't rescinded or varied?

Question

the order was dated Jan 01 & was for £50 pw & my solicitor wrongly advised me I couldnt enforce the order & advised me to go to the csa to ask them to collect the £50 - who ignored the order & as my ex had made himself self-employed & subsequently was able to avoid proving his true income the csa assessed him @ £5.40pw - I could not appeal this decision & took 6 months to cancel the claim.

at that time my ex continued to pay the £50 - never going back to court to vary or rescind the order - but has regularly witheld payments & reduced them as he saw fit.

I have had the original maintenance order registered with the Magistrates' Court who are enforcing the order & the arrears - but my ex is stating that he should not have to pay the arrears during the period he paid through the csa ?

if the order was valid before that period & after that period & has never been varied through the courts or rescinded - can he do this?

can anyone help?

to all who are kind enough to answer - heres a p.s: - my ex is a violent bully,he walked out when his youngest son was a few weeks old to live with the woman he was having an affair with.He isnt a good father.My sons went to visit him once a fortnight & came 2nd to his new wifes children from a previous marriage-my eldest son would come home & wet the bed for days after every visit & after 4 years of going,he came home & broke down,sobbing on the floor,saying he didn't want me to make him see his dad again as his daddy didn't want him & he'd tried very hard to make his daddy want him but his daddy said his new family were more important than him.

thats when contact ended,at my sons' request.I'm not bitter.Its heartbreaking watching your children come to realise their father doesnt make any effort to make them feel loved & wanted.

I want my son's to have a good father.

But they don't need a bad one either.

It's not revenge I seek the money-its only what he owes his children.

Answer 1

Your court order overides the CSA ruling and your ex will have to pay in accordance with that, less the amount he pays to the CSA to pay to you.

Your ex cannot simply state that he should not have to pay the arrears during the period he paid through the CSA. His earnings could not be proved, the judgement made by the CSA was obviously too low and the court order was already in effect.

You were effectively 'trapped' by the CSA into a 'six month deal' and this is hardly your fault. Therefore he should pay his flat, square and agreed fifty pounds per week and any arrears from the time the court order came into effect.

I would also have a word with the Law Society about this solicitor if you get left out of pocket in any way. There are time limits to complain so look into it.

The CSA is racked off. And so are exes who do not cough up for their kids! Good Luck.

Answer 2

Its a shame that the pair of you couldn't settle this out of court and without getting the CSA involved but the fact is you have.The CSA have the power to overrule any court order that was made.The court can only chase him for the amount of monies owed if the CSA take him to court.A point of factual information for you whilst I'm writing this,the CSA take 70p from every pound they collect on your behalf,so for 10 pound he pays they take 7.
For your information a great company called child support solutions ,write it as a web address,can help you with any queries.
I have used them and they are so helpful.From my own experience the CSA are useless,thoughtless individuals who have no compassion whatso ever for either side..
And what ever you do,please,please dont use children as a weapon against your ex,mine did and I haven't seen my son for 6 years.No amount of money can make up for the lost years of him growing up.He was 9 when his Mum ran off with another guy and he's 16 this year,there isnt a day that passes when I don't think of him and how much I miss him.Do you really need the money?
Yes he has a duty to pay,I did for 15 months and it nearly ruined my life.....Dont cause acrimony,nobody benefits and its a lot of stress you could both do without....I was paying 520 a month,out of which my ex got very little after her benefits were taken out.
As for solicitors,they are only after your money.
Be calm and sensible, revenge is never sweet.Whats done is done....Try to move on and stop being obssesed with money from your ex..You'll sleep better at night and have peace of mind,no amount of money can give you that.
Good luck in your future.
Ps,Well after reading your PS I think your kids are better off without him,trouble is kids just see black and white,theres no grey where they are concerned Dad is Dad and Mum is Mum.I couldnt do that to my kids,he's only trying to get back at you through their upset,what a sad person he is......I still say money can't make up for love and care...how can he be so heartless?
I can see where you're coming from on this 1,but as I said before,give your kids all the love and attention they could wish for.
My heart goes out to you,really it does..........Best of luck to you...
I sincerely mean that.......

Answer 3

hi i cry ed when i read this its so like myself Ive been arguing with ex so long ! but in the end i just thought I'm the one with the kids yes he sends money every now and then not much but the kids just laugh when it arrives , i think hes a lousy git after all they are his kids but in time you are the Lucky one because you've got your lovely kids and I'm sure you give them all you can and they will always remember that love and being there for them means more then money ever will good luck and stay strong Sarah