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I have been battling with my ex for some years over maintenance. Over the last 2 years, the CSA have been trying to enforce a DMD (default maintenance decision) which basically means she has to pay £40 per week. However, recently, using proof from a tax return, the CSA accepted that she has had no income for the last 2 years and therefore owes nothing at all - since she isn't on benefits, she doesn't even need to pay the normal minimum of £5 per week (which is what she has been paying until now). Since she has normal bills to pay, including a mortgage - it is obvious that she has income from somewhere, and I suspect that some creative accounting means she has no taxable income, but still gives her money from somewhere.
I am looking at a CSA variation on the basis of Lifestyle inconsistent with income, though I have no proof of income, so it's an uphill battle.
Does anyone know if, on the basis that the maintenance level set by the CSA is insufficient (obviously), whether I can then apply to court for a Maintenance Order?
Hi actd,
I have passed this on to our Legal experts - Hopefully they'll be able to give you some advice.
Dear actd
Thank you for contacting the Children’s Legal Centre.
It is only possible to obtain a maintenance order from the court by consent or as a result of a prior agreement. Therefore, if it is unlikely that your ex-partner is going to agree to pay more than she has been assessed as able to by the Child Support Agency then a maintenance order would not be appropriate in your situation.
If you feel that the Child Support Agency has not correctly assessed your ex-partner’s income then you can follow the CSA’s appeal procedure. This is explained in detail in their publication ‘How can I appeal against a child maintenance decision?’ ( http://www.csa.gov.uk/en/PDF/leaflets/new/CSL307.pdf ¬).
It is also possible to lodge a complaint with the Child Support Agency if you feel that have not dealt with your case effectively. Details on how to make a complaint can be found here: http://www.csa.gov.uk/en/case/complaints.asp .
We hope this information has been of use to you.
Kind regards
Children’s Legal Centre
Thanks, I had the feeling I was 'stuck' with the CSA.
Already started the appeal process - CSA adviced me to go for both an appeal and a variation (again - been through that 3 years ago). I'm going to do one at a time to see if the appeal throws up anything I could use in the variation.
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