How do you get court-ordered child support (not CSA)?

[seducedbynigella]

My ex and I have a DS (8), who lives with me most of the time. We've had a mostly amicable co-parenting relationship since our split five years ago. He has consistently paid an agreed maintenance amount every month, despite (major) ups and downs in his income.

We've never gone the CSA route - partly because we've been able to agree something between ourselves, and also because my ex has his own business, and if we were to sort child support via the CSA, I'd likely end up with nothing.

I'm now trying to get a mortgage, and because DS lives with me, and my ex's child support isn't "CSA- or court-enforced", DS is considered fully dependent on me. Therefore, I'm being offered less than three times my income as a multiple; I have been told I could borrow more otherwise.

My ex is still working for his own business, paying himself in such a way that the CSA would likely not enforce any payments. So how do we get this sorted via the court? What is "the court"?!

If I could sort this, it would really help me maximise my borrowing, so if anyone knows what I need to do, and how long it will take, I'd really appreciate some guidance.

Thanks.

I dont think you can - from your post I suspect you were not married so there was no order in a divorce - if you were not married and then divorced, then you cannot get a consent order or any sort of court order except if you are going for additional maintenance on top of CSA if your ex has a very high income above the csa max or if the child is disabled.

If you are not claiming benefits, you can approach the CSA, tell them you have an arrangement and want it formalised by them.
They won't want to assess the amount he pays, but they will collect it and pay it to you. They do charge for this service. No idea how much, sorry.

I wasn't married and maintenance was court ordered in my case. I was told this was very unusual though as courts almost always don't get involved. So although not the norm, it is possible.

Ex stopped paying it 3 months after which was no surprise and i'm guessing it would be hard to enforce (I've not tried as he was very abusive), but I'm guessing it would carry the needed amount of weight with the bank

Thank you for posting. Interesting about court orders being for ex-marrieds only - I had no idea about that. I thought it was family court.

I think it ought to be more straightforward to sort this kind of official stuff out - and fairer for both parties. As it stands, because DS spends only a few nights a fortnight with his dad, and his dad's child support payments are informally agreed between us, a mortgage lender would consider my ex as a single person with no dependents. He can therefore borrow much more than me (an income multiple of 4-5, compared with less than 3 for me). We have kept things amicable between us, and this is what is recommended, and yet doing so penalises me financially. Nuts.

Anyway, thanks for the advice. The CSA route sounds like a possibility. I've texted DS's dad about it, and will call the CSA Monday about putting it in motion.

The CSA don't collect an amount you ask them to. They will collect an amount they calculate via their calculations. This may be complicated by your ex being self employed.

They also don't charge ... Yet.

Does he pay this money direct into your bank account. When I took my ex off our mortgage they told me 6 months of maintenance payments showing would be accepted towards my income.

Yes exactly some lenders e.g. Halifax do accept 3 months of maintenance payments OR CSA or court-order. This is directly quoted from their website.

Maintenance - documents accepted

3 months full bank statements OR
Court Order OR
Maintenance assessment OR
Letter from Child Support Agency.

Forgot to say though: they only take into account 60% of child maintenance amount so for instance if you get £2000/year only £1200 is taken into account.