Re: Shared care - 1 way maintenance

but irrespective of whether she banks the cheque, your claim for CS against
her would bring your existing case onto CS2 - although a phasing program
would apply for 5 years, which means that your liability will reduce in
stages over a 5 year period.

You could consider applying for a variation order on the grounds that she
has assets over £65k...if they refuse it on the grounds that she hasnt
banked the cheque - appeal against the decision - because in theory she has
the opportunity to have this money and so notional assets could be
considered.
NACSA CHAIR
"Martin Davies" <mart2306@xxxxxxxxxxx> wrote in message
news:LRVhf.4682$8G6.4423@xxxxxxxxxxxxxxxxxxxxxxxxxxxx
> Johnny Boy wrote:
>> Anyone any advice on this please?
>>
>> Ex walked out 7 years ago.
>> 2 kids.Equally shared care, kids always together at same home and
>> spend 7 nights out of 14 with each parent.
>> I have child benefit for younger and pay maintenance to CSA under old
>> rules for older.
>> Ex hasn't worked, lived off benefits, and delayed divorce as long as
>> possible. (Very expensive but we are now divorced).
>> Ex has no new partner that I am aware of. I work and have a new
>> partner who also works. As part of settlement Ex gets a big cheque,
>> over £70k, but fails to bank it.
>>
>> Currently there is no active application for maintenence by me for
>> younger child. CSA helpline say that until Ex banks divorce cheque
>> then she doesn't have assets or income to pay maintenance.
>> Is this correct or have CSA wrongly advised me?
>>
>> I want to transfer to new rules which I believe will reduce my
>> maintenance payments. If I make claim for younger child before she
>> banks cheque and CSA say she is unable to pay maintenance will I
>> still be transferred to new rules. If she subsequently banks cheque
>> will that constitute a change of circumstances that immediately can
>> be taken into account?
>>
>> Thanks
>
>
> CSA have slightly misadvised you. Even when she banks the cheque, you
> aren't looking at much.
> Interest in a good account on that sum would be about £50 a week. You'd
> get £5 a week. And the total of the cheque would take her off benefit.
> So you could get child support. Thats after months or possibly more than a
> year delay getting the assessment.
>
> Basically while she's on benefit, the cheque won't increase any payment
> you get. And when she's off it, her income will be pretty low.
>
> You can apply for child support while your ex is on benefit. Nothing to
> stop you.
> Just be aware it might not make her happy.
>
> Martin <><
> --
> http://www.cashisallyouneed.co.uk/
>


.

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