Enforce Consent Order or just go to CSA?

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Is it worth the time, effort and cost of enforcing a consent order through the court or should I just go straight to the CSA?

ExH has failed to set up a standing order to pay his maintenance for our 4yo DD. He's paid late most months since he moved out, frequently pays 50-100 less than he knows the amount to be, and this month only paid two thirds of the amount required.

I'm sick to death of having conversations with him about money. Our consent order contains a clause specifying what he will pay each month by standing order. This is more than the CSA amount and covers half of the nursery and childcare fees.

I work FT and DD lives with me. Ex has contact with DD one day at weekends but has no suitable place for her to even visit, never mind stay with him otherwise. He has a drinking problem and is stupid with money but holds down a job. We both earn above the national average wage but not megabucks.

I know that the higher payment amount in the consent order is only valid for 12 months but as she'll be finishing nursery and starting school within this time, this is all I require. After that, the CSA amount would be fine.

Ex tends to spend all his money on booze, ciagarettes and general crap so there are no savings or assets to draw on. With legal fees factored in, it makes me think that a court action could be more hassle and expense than it's worth.

I could just register with the CSA, have their calculated amount deducted from his salary each month and cut back on holidays and other luxury items to meet the difference in nursery costs until DD starts school.

I hate letting him get away with this but life is short and my time and emotion are limited resources.

Sorry for the ramble. Any advice?

Think I agree with you - it's not right but you need to save yourself some hassle. CSA will take it out his wages eventually & the claim starts from when you contact them so I would get on with it if I were you .

I suspect it is not worth the time or hassle to involve the court. Check with your solicitor who sorted out your deal to be sure though. Provided someone has a regular wage the CSA route works fairly well albeit it may take a few months to get it set up!

You can't go to the CSA until the anniversary if the order.

If I were you I'd apply to enforce the arrears after 12 months (you need leave if the court to enforce arrears over 12 months) and keep the order going as long as you can.

I always like warrants if execution (that's sending the bailiffs round to seize his car, new TV etc).

Thanks. I didn't realise I'd have to wait a year after the consent order to go to the CSA.

I guess that at least makes the immediate choice of action simpler.

I've started saving details of shortfall of payments in a spreadsheet with accompanying bank statements showing payment of lower amounts on random dates. Will tot up a year after consent order and apply to court for enforcement of outstanding maintenance.

Not sure what will result. He has no car, house or other valuables (except for gaming console) and spends all his money on alcohol, cigarettes, computer games.

I was keen on a consent order to protect my own assets from any future claims. I didn't think about other aspects of enforcement that much and probably didn't ask all the right questions.

Yes, he is an employee.

Thanks again.