CSA and a contact order that has not been used in practice

[FalsaMagra]

Ok, after so many people asking why I allow my ex to get away with not paying maintenance, wonder if somebody out there can give me a bit of hope on the CSA.

My ex is a CEO of a company that trades internationally, he also holds a minority but a still a very significant proportion of its shares. He is not a very honest person, can lie through his teeth and is a nasty bully able to kick his own employes into submission, which may not seem to be relevant to the case, but in the past he managed to get the company to declare his income was lower than what he pays his PA.

He also has a contact order in place which specifies that DS is to spend with him approximately 40% of the time. However, it is almost 3 years since the last time DS saw his dad.

Over the last 3 years I have been getting the same amount of child maintenance which is calculated on the nights noted in the contact order and the ridiculous salary he attributed to himself.

I have been told the CSA will base its calculations in the contact order, and that it would be practically impossible for us to prove that there has been no contact whatosever in all these years. And, that he doesn't earn such a little money.

We will be better with a bit extra, but if the CSA is not going to be able to do much about this, I'll rather continue to pretend I'm a widow than get into the nastiness of another battle with him.

What could I expect from the CSA (apart of promises that is), and, how do I go about changing that order so DS get's the child maintenance he deserves?

TIA

[lovedlots]

Speak to the CSA. Tell them there has been a 'change of circumstances' and he does not have the contact as stated in the order. They will base the new calculations on what you tell them. This is what the CSA told me when I told them my DC's did not stay the amount of days as stated in the contact order. The CSA does not always follow what is in contact orders.

[FalsaMagra]

Thank you for your messages.

I have been told that the CSA will go for what the court order says, so no point really in trying to convince them there's no contact when 'officially' there is.

His lifestyle is inconsistent with income but really, do they really have the time to investigate? can they trail through hundreds of pages of documents they will find very time consuming to get anyway?

[STIDW]

Who told you that the CSA will base their calculations on the court order? Child support is paid according to the actual average amount of nights a child spends with each parent. If the number of overnights is in dispute the CSA would consider evidence. A court order is only a part of that and if, for example, an order states a child is to be collected and/or dropped off at school and this hadn't happened or a child attended a regular activity when contact was supposed to have happened it could also be considered.