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Can I send this to the CSA

10 replies

Legalwomble · 05/06/2022 13:22

So, I need to involve the CSA in my child maintenance.
I went to court last year with my divorce and I have a lot of evidence that will help me to prove my case with the CSA (ex now claiming not to work at all but actually has the Beneficial interest in a large company, plus works cash in hand)

Can I use anything from my divorce that was given to the Court with the CSA,?
I appreciate I cannot use expert statements, but, for example, I can tell CSA what the company was valued at last year because if the expert statements?

There was also a statement given to the Court stating that the ex is the Benefical owner of a company, but I don’t know if I am allowed to use that, it was written by one of the parties tied up in all of his subterfuge.

I don’t want to fall foul of the court.

OP posts:
Fuuuuuckit · 06/06/2022 09:02

My divorce financials were done in court just before Xmas, I submitted them as evidence to the CMS in Feb and everything was adjusted in May.

I believe that because the info was already in the public domain it was admissible by the CMS.

Good luck.

Collaborate · 06/06/2022 09:50

The advice by @Fuuuuuckit (appropriate name given what I'm about to post) is wrong. Disclosure of documents from the financial remedy proceedings to the CMS for a purpose other than an appeal in the First Tier Tribunal or above is a contempt of court unless permission of the family court has been given.

The relevant rule is PD 9B of the FPR www.justice.gov.uk/courts/procedure-rules/family/practice_directions/practice-direction-9b-communication-of-information-from-financial-remedy-proceedings

Collaborate · 06/06/2022 09:52

Fuuuuuckit · 06/06/2022 09:02

My divorce financials were done in court just before Xmas, I submitted them as evidence to the CMS in Feb and everything was adjusted in May.

I believe that because the info was already in the public domain it was admissible by the CMS.

Good luck.

Documents disclosed as part of the FR proceedings, together with court orders, evidence given, and statements made are all strictly confidential and must not be disclosed. They are not "in the public domain".

Fuuuuuckit · 06/06/2022 11:15

Well they used the info for mine. The statements were part of the documents sent to court - I had a copy, the court had a copy, and as I had legitimately been given a copy it was accepted.

Legalwomble · 06/06/2022 12:30

So is there anything I can submit to the CSA? It’s frustrating because all the evidence is there, but I can’t get it again if you get me

OP posts:
Collaborate · 06/06/2022 12:34

Fuuuuuckit · 06/06/2022 11:15

Well they used the info for mine. The statements were part of the documents sent to court - I had a copy, the court had a copy, and as I had legitimately been given a copy it was accepted.

Of course they used it. They do not police contempts of court.

Collaborate · 06/06/2022 12:36

Legalwomble · 06/06/2022 12:30

So is there anything I can submit to the CSA? It’s frustrating because all the evidence is there, but I can’t get it again if you get me

You can use nothing. The thing to do is make an application to the court on a D11 form for leave to disclose a copy of x,y and z to the CMS. Just specify the documents you want to send - and ask the judge to make a decision on the paperwork without there being a hearing. The fee should be less for that.

Legalwomble · 06/06/2022 14:50

Collaborate · 06/06/2022 12:36

You can use nothing. The thing to do is make an application to the court on a D11 form for leave to disclose a copy of x,y and z to the CMS. Just specify the documents you want to send - and ask the judge to make a decision on the paperwork without there being a hearing. The fee should be less for that.

Thanks @Collaborate
I have looked on the D11 and it doesn’t seem particularly clear how/where I apply as it’s to vary an order, unless I am reading it wrongly?

OP posts:
Collaborate · 06/06/2022 17:30

You are not applying to vary the order, but you simply say that you are applying for permission to disclose the following documents to the Child Maintenance Service:
Then list the documents.

Legalwomble · 06/06/2022 17:32

Collaborate · 06/06/2022 17:30

You are not applying to vary the order, but you simply say that you are applying for permission to disclose the following documents to the Child Maintenance Service:
Then list the documents.

Again, Thankyou.! I will look to sort that out, that’s very helpful to know

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