Csa ex won't agree on number of nights

[skye33]

My ex won't agree to the CSA to number of nights he has her overnight as he wants to reduce payments he gives me anyone know what happens if he won't agree to number of nights ? The csa case worker was pretty vague and just said they would ring him again few times see if he changed his mind !

There is no court order

I can only say from my experience CSA wanted to confirm ex was happy DS was his ( he is anyway)..They phoned him he told them it wasn't convenient to talk... He then didn't phone back so she seemed annoyed when I spoke to her and acted that it was set. Hopefully they wll do the same and he will have to appeall if he disagrees.

When I rang recently, they said they would take what I said and see if it matched what he said.

He'd said that he had them an extra night (wanted them but hadn't actually discussed this bit with me...) and when I said that wasn't the case she simply said "we'll go with what you tell us for now..."

When I originally made the claim and asked what happened if he contested the amount of times they go? The guy said something like "if an agreement between the two can't be reached, it defaults to one night a week" so they'd set an amount to pay based on that.

I presume it would then be up to him to prove he was having them more.

Not sure if this really answers your question but that's what answers I've been given so far.

It does say somewhere in their literature that where there is a dispute over the number of nights it defaults to one night a week.

Thanks for the advice I did read subsequently read up and yes did see that they say it defaults to one night a week but the guy dealing with our case never said that he would try speaking to him again the following week. Not heard since.

My ex has since said that if I insist that he has to pay band A csa payments ( which is what it will be 52-103 nights a year ) that he will leave his well paid but long hours job so he can have more time with her and pay less. Anyway that's to be expected from him but just wanted to know where I stood. Guess if we both keep diaries for the next 3 months I can prove to CSA what he saying is wrong.

I would call back for an update..One organisation that do need reminding.

As for his threat to quite his well paid job...A common threat..why would he leave a well paid job..

Ignore his threats

Yes it is a threat he s banded around a lot plus leaving the country is another one. I just rang CSA spoke to a much more helpful lady and she said it will default to 1 night a week from next month even if he disputes it as there is no court order. Thanks

I suppose first of all it boils down to what is truth. Is he free to have her the amount of time he's claiming he has them, would you let him have her for that amount of time if he wants them? How much does he currently have them a week?

Basically if he's lying then he's bang out of order. I he's correct he should pay the correct amount. Or if he wants them more but you wont let him then of course that is a trickery situation that would probably best resolved with a court order if you cant agree.

Well he is lying about it as he has her overnight twice a month so 2 nights per month plus 7 nights half term and half school holidays which is 82 nights a year. He says it's still 3 nights a week ( band c ) ( which is what I agreed to up until she started school ) but it never would be band c now as we live 2 half hours drive from each other now and she in school where I now live. He just doesn't want to increase his payment to me. I was told that by the csa payment would change to reflect the new arrangement but nothing seems to change been 3 months now. Just wondering what to do and where I stand as seems wrong that he paying an amount reflective of him having her 3 nights a week when in reality it's nowhere near that.

Call the CMS again.

Yes chase CSA...Sometimes they need to be badgered to do their job.