Maintenance Court Orders

[SingleMum01]

I have another thread at the moment about CSA - considering applying to them due to lack of maintenance. Just been on CSA site and it says may not be able to go through them if there is a court order. I had a court order for maintenance in 2004 which he hasn't kept to for the last 6 mths as is unemployed. Does anyone know if I can go through CSA or not?

ring them up and ask, nothing to lose really.

I think the idea is that they do not wish to fleece exs ie you obtain money thro court orders nad thro the CSA.
However is the maintenance order for you or for the children, that makes a big difference.

I get CSA payments, but there has been a maintenance order put in place but thats for me not the children.

maintenance order is for DS nothing for me.

ring csa and ask, if you don't ask you might not find out sweetheart xx

If he's unemployed what do you think the CSA is going to get for you??

Hi again mrs M - thanks, I will do next week.

CreativeZen - I don't think the CSA are going to get anything for me - maybe the £5 a week from benefits. But its the principle now, I'm fed up of asking for help (suspecting he is doing some cash in hand work) plus Knowing he got £3500 from a pension refund last week - he says that that money has all gone! I find it stressful to keep asking and be refused, however, our DS is his responsbility too so he should contribute if only a little bit.

Wouldn't it be less stressful to let it go for now? Wait until he is back in work and then demand all the back payments that he has missed and, if he fails to pay up, you can then apply to the court as he will be in breach of the order.

Can't see him ever being back in work, he walked out of his last job in Aug last year 'cos it was too much like hard work (my opinion)

In that case, let it go. It's causing you stress and you won't get any money at the end of the day. Just accept that he is a crap dad.

I had decided to do that until I received an email from him - see my other thread on AIBU to be angry at email from XH about his crap life (soz don't know how to link)

I would just apply thro the CSA, ring them up and ask them, they'll work out the ins and outs of it.

I would apply.

Sorry you are going through this.
Can you talk to his family? His parents siblings and maybe shanme him somehow?
I'm a great believer now in sharing this kind of information with the other halfs family as usually they've only had his version and I found the facts just spoke for themselves really.

email from x link

Thanks for putting the link in Mrs M.

Mamas12, don't really have much to do with his family apart from at Xmas, although they are very much on my side concerning why we split up,although I haven't told them about the finance side.

I've had an email reply from CSA about maintenance court orders and I don't think I can go through them 'cos I have a court order. They've replied that I can't go through CSA if the following apply:

A court order which requires the Non-Resident Parent to pay regular maintenance for the qualifying child made before the date that the new scheme was introduced for new cases; or

· A court order which requires the Non-Resident Parent to pay regular maintenance for the qualifying child, made after the date that the new scheme was introduced for new cases, 3 March 2003, which has been in force for less than a year.

I don't know if the above apply or not so will have to ring them up to check. My court order was made in 2004.

If an order for child maintenance predates March 2003 the CSA cannot get involved - the courts have jurisdiction. The courts also have jurisdiction when there are step children, over 18s in education or one parent lives abroad. Also courts can make top up orders when the non resident parent's income exceeds the capped amount of £2k/week, there are expenses related to a child's disability or to pay school fees.

Otherwise since March 2003 child maintenance or a variation to the amount paid can only be agreed in a consent order. Then after one year either party may apply to involve the CSA. The CSA then notifies the court and the consent order ceases to have effect.

Child maintenance included in a consent order is enforceable through the court like any other debt. If the debtor has no income there isn't much point to enforcement - sadly you can't get blood from a stone. However, historically the courts have a better record of enforcement (particularly with the self employed!) and there is little point in applying to the CSA unless the amount in the order is significantly less than the CSA would award.

no probs sm

STIDW - in your opinion do you think there is no point in going to the CSA then? The court order was for £200 per mth which hasn't been paid properly for the last 2 years as my XH has been in and out of jobs. He keeps saying he'll pay when he's in work, however, I don't think he ever will be. So although I would definitely be better off with the court order, I think it unlikely he will pay that amount again. For the last 8 mths he has been paying nothing, so my thinking is at least through the CSA I'll get £5 a week from benefits, which is a useful amount to me.

it might still be worth asking, mention the court order (?) and jsut see what they say, if you don't ask you won't know