CSA vs COURT ORDERS

Which is best? The reality of today’s court system is that many judges are mindful of the guidelines which the CSA are imposing and are increasingly likely to make similar orders for amounts that the CSA would have imposed, had the case been referred to the agency. If there is no agreement between the parties prior to going to court then most judges will now make an order along the lines of the CSA rules.

So if you are one of the 97 per cent of people who are employed on a PAYE system then, it is likely that the amount you would pay under a court order is similar to what would be assessed by the CSA. Which should be a signal for all parents to make an informal arrangement in the first place – and avoid the lengthy and tedious application process!

Court orders

If you can get your ex-partner to agree to a reduced rate of child maintenance (ie lower than the CSA guidelines) – perhaps because she has kept the family house, or she earns as much or more than you do – then you are better off using a court order rather than the CSA, whose formula does not take into account settlement agreements or your ex-partner’s income.

If your ex-partner is reasonable, then a court order is probably the way to go for both of you, as it can be linked to your other financial arrangements and avoids another process and a long and arduous paperwork exercise.

CSA

If you are self employed then you are probably better off going via the CSA, as you will not want to have a close examination of your finances every couple of years by a judge. Also, the ability of someone self-employed to ‘hide’ money will mean that any CSA assessment could be generous to you.

In addition, if your ex wants to ‘bleed you dry’, you are better with the CSA, as new regulations make the positions of the parties much clearer. So whether it is better for you to go via the court or the CSA depends on your personal circumstances, and your ex-partner’s attitude to your finances.

Whatever the result, you will end up paying a sum of money to your ex-partner for the upkeep of your children. This is fair, and each divorced dad should shoulder his responsibility fairly and regularly. You will need to ignore the fact that you cannot influence how that money is spent and try to make the best of your own financial affairs once the arrangement has been made and ratified.