any lawyers on here that can help me
#1
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hello if there are any lawyers on here can you please help me well my brother he's in a bit of a bother with his ex .
right where to start well basically he is now divorced and hasnt seen his daughter in nearly six years but has always payed the maintanence up untill recently which he still pays a large percentage of it but can no longer afford the amount agreed in the personal agreement in court due to the recession and lack of overtime. now the bitch has contacted the csa about him.
where does he stand as she wont let him see his daughter and he has never done anything wrong she was just a bitch to him .
any ideas as the csa dont care and they are making my brother live on £12.50 a week after all his bills and mortgage.
any info would be much aprecciated and can we please keep to topic
many thanks
dean
right where to start well basically he is now divorced and hasnt seen his daughter in nearly six years but has always payed the maintanence up untill recently which he still pays a large percentage of it but can no longer afford the amount agreed in the personal agreement in court due to the recession and lack of overtime. now the bitch has contacted the csa about him.
where does he stand as she wont let him see his daughter and he has never done anything wrong she was just a bitch to him .
any ideas as the csa dont care and they are making my brother live on £12.50 a week after all his bills and mortgage.
any info would be much aprecciated and can we please keep to topic
many thanks
dean
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sorry m8 once csa has you there isnt nothing that can be done ...ive had the same thing she stop me from seeing him 7 months ago i paid every month but now she knows i have a better job she got csa on to me but what she dont understand is im selfemployed ....so ive only told them im not earning much lol good luck to your brother and b...th isnt the word
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search yellow pages for a specialist solicitor in that area of law. make sure the first interview is free, lots do that but some dont. he might be entitled to legal aid if hes skint
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I'm no lawyer but firstly, why doesn't your brother take the bitch to court so he has legal access to see his daughter. If it's regular access that is granted then he may not have to pay CSA as he will hopefully be paying his way with clothing/feeding etc.
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As bob said, go to court regarding joint custody, the csa have no influence over this area. If your brother is having the kids overnight for a few days a week, it should reduce the payments.
The most they can take is 25% (that's for 3 or more children) plus agreed arrears, so he must have a lot of bills to be left with £12.50 a week to live on.
The most they can take is 25% (that's for 3 or more children) plus agreed arrears, so he must have a lot of bills to be left with £12.50 a week to live on.
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Right, having been through this before myself I will try and add a little help. (allbeit 10years ago)
1st get her to court for access to the kids, its a bit of a painful process and will cost some money (but he may get legal aid?) - when he gets to court make sure he gets resonable access at least 104 night per year (as this is a good criteria with the CSA)
Also make sur ehe gets the flexability on arrangements allowed that way weekends can be swapped around by agreement (useful for holidays, parties, wedding etc)
2nd take a look https://secureonline.dwp.gov.uk/csa/...aintenance.asp and run the figures through the calculator, there is also a system in place where the 2 parties can reach an agreement, although not legally binding (as the CSA can be involved at anytime by request) it may help his situation especially if he is having to live on so little and if she has any sort of human feeling.
Child Maintenance Options - Information and Support on Child Maintenance
http://www.cmoptions.org/en/pdfs/Private%20Form.pdf
CSA Homepage - Child Support Agency main site
Good luck.
1st get her to court for access to the kids, its a bit of a painful process and will cost some money (but he may get legal aid?) - when he gets to court make sure he gets resonable access at least 104 night per year (as this is a good criteria with the CSA)
Also make sur ehe gets the flexability on arrangements allowed that way weekends can be swapped around by agreement (useful for holidays, parties, wedding etc)
2nd take a look https://secureonline.dwp.gov.uk/csa/...aintenance.asp and run the figures through the calculator, there is also a system in place where the 2 parties can reach an agreement, although not legally binding (as the CSA can be involved at anytime by request) it may help his situation especially if he is having to live on so little and if she has any sort of human feeling.
Child Maintenance Options - Information and Support on Child Maintenance
http://www.cmoptions.org/en/pdfs/Private%20Form.pdf
CSA Homepage - Child Support Agency main site
Good luck.
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You need to go back to court and ask for a temporary adjustment on the original terms of the contract.
The CAB should be able to offer help should your brother need legal aid to achieve this.
Hope that helps.
The CAB should be able to offer help should your brother need legal aid to achieve this.
Hope that helps.
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16 September 2015 07:57 PM