CSA versus Court Order

[WkdSM]

Some advice would be gratefully received please!

DH was divorced from 1st wife in 1998. The financials were settled under a court order including

• she got all equity in family home, allowing her to buy a 3 bed 2 bath new detached house to house her and 2 DS's
• monthly maintenance payments for her (she subsequently remarried and these stopped)
• monthly maintenace payments for Ds's of £340 each until their 17th birthday
• a clean break after 3 years

DH got his pension (that we still can't draw) so everything we have now we have worked for since after the court order.

Youngest SS moved in with us when he was 13 (3 years ago) so his mantenance stopped. He then went to boarding school for 2 years (he wanted to go rather than move back with his mother) which we paid for. He has now just moved back to his mother to do his A levels. In the 3 years we had him, she never paid or offered a penny to us towards his maintenance.

We have recommenced payments of £340 to her for his maintenance in accordance with the court order (the elder DSS is 19, working and living in a rented house so no payment due for him), but we have received a letter from the CSA saying his mother has put in a claim for maintenance through them.

Are we correct in that as the court order was made over 10 years ago she has to go to court to have it reviewed and can't pursue us through CSA? Also, is there any chance the clean break could be over turned? I would point out that DH has always paid what was due, even when he was unemployed.

We have worked (and continue to do so) incredibly hard to build up a good lifestyle, and while we have no issue paying what is due, this seems to be a bit OTT.

No, unfortunately after one year from the sealing of the court order, either party can go to the CSA.

The clean break, however, can't be overturned.

There's usually a clause after the child mtce clause to say that it'll go upin line with the RPI, or be reviewed annually. YOur dh will have to pay 15% of whatever his current net income is.

It's annoying that she didn't pay while you had him living with you and I'm sure I wish you'd done something about that, but it's water under the bridge now.

Thanks mumblechum
I thought there was a different ruling if the court order was pre 2003?

You are right. There is. In general the CSA can't get involved if the court order for child maintenance was prior to 3rd March 2003. However, the question in my mind (and it may depend on the wording) is whether this court order lapsed when your SS came to live with you. If it did, your DH is paying maintenance voluntarily and the court order is an irrelevance, which means the CSA can get involved. However, if the court order is still in force they can't.

I suggest you get proper legal advice.

The CSA cannot open up spousal maintenance or the equity split. She would have to go to the courts for those and the courts would only consider a change if she did not receive proper legal advice at the time of the divorce or she could show that your DH hid some assets.

Thank you prh47bridge
She was represented in court (it was her that dragged it out and she was on legal aid) and DH had no hidden assets. He had to borrow money to pay for a barrister.

Not sure if the court order lapsed or not. No one applied for it to be amended.

We are going to write to the CSA with the copy court order and have a chat to a solicitor.

I'd assumed that the order had been suspended as the reason that the CSA are clearly involved in a very old case.

Thanks for all your replies.

We were trying to play fair with exwife as although elder DSS not eligible under court order for maintenace he was living at home. TBH we thought trying to drag her through CSA would impact negativly on her relationship with SS living with us - she did not speak to him for 8 months after he moved in with us. She tends to harbour grudges, even aginst her own family and children.

As usual, trying to do the right thing has resulted in us probably having more hassle.