Hi everyone.

So here's the question. Consent order date 2004, included in it is maintenance for our children. Subsequently 2007 both my ex wife and i have disagreed about the level that should be paid and have referred ourselves to the CSA, as our order was after March 2003, and the court no longer had juristication on the child maintenance part of the consent order. How do i get this acknowledged on the consent order so that the court know that particular part is no longer enforcable?

I think i have to make an application to court, but is this right and if so what form?

Hope someone can help

Hi abc
Welcome to wiki,
If there is any way you can agree between you the amount that is acceptable and get that signed sealed and delivered, I would stay away from the CSA. You could probably use their calculator system from their website. The CSA have a dreadful track record and cause far more problems, in my experience. Take time to have a look through Child Support on the forum you will see from other posts the problems they have had.
good luck
Zara

Hi i wish it were that simple !! She is not one for negotiating, and used access to the children as a means of trying to get more money out of me. The amount I was paying was above the csa level by hundreds of pounds, and then I changed jobs and could no longer afford it. As we couldn't agree i had no choice but go to the csa, otherwise i would have faced thousands of pounds of arrears via the courts.

Hi abc
Well if that is the only option she is giving you then so be it on her head. It could be the case that she receives less, on their calculations. The biggest problem is with the regularity in which they administor the 'monthly' payments. She may end up being owed money, even though you might have paid the CSA. If you go onto the CSA website you will find their calculator, have a go at that and see how it compares.
Horrible when children are used as weapons.
Good luck abc and keep us posted, I for one would be very insterested to hear how you fair with the CSA.
zara

The CSA aren't known for their efficiency but they do get it right quite a lot of the time. In our case it was fine and we never had a problem.

To answer the question, when an application is made to the CSA you tick the box that there is a maintenance arrangement in place and send the order to the CSA then, when the CSA do the assessment, they should notify the Court (using form 601, I think) and the order ceases to have effect.

The Courts do not normally have the authority to make an order for CM or a variation, they need to be agreed. If agreement to vary the CM in a consent order can't be reached there is little alternative other than make an application to the CSA because otherwise the consent order would still be legally binding and enforceable.

Fiona , thanks for that, do you know what would happen if when to I applied to them the ex refused to co operate with the csa, and instead applied back to the courts to have the order enforced ? as i understand that if she tells them she doesn't want them involved , they cant force her to do anything as she is the PWC

However is it the case that once the csa confirm they have jurisdiction she can't go back to the court despite the fact she won't co operate withy csa ?

I find it all very confusing

hi does anyone know the answer to the above ????