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CSA Payments - Court Order Broken
#1
I currently have a court order which is continuously being broken by the mother, as such I have been unable to see my daughter for a month. I know the only thing that fuels her is my CSA payments.

Can I stop these payments as the court order is not being adhered to by her?
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#2
No. The two things are separate. What is her rationale for breaching the order?
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#3
(06-18-2020, 12:42 PM)Chi21965 Wrote: No. The two things are separate. What is her rationale for breaching the order?

I was 6 minutes late to pick up my daughter from her house and didn't give her 4 weeks notice of half term dates.
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#4
If you are paying child maintenance through CSM its best to keep paying . If its a private arrangement then I guess you could use it against her to try and make sure you see children.
Its probably best not to though in long run . If you have CSM arrangement and you stop paying ex can you get moved on to collect and pay and you pay around 20% more
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#5
No court will take any notice of being 6 minutes late.

Getting back to court to seek enforcement action may take a while. Can you smooth things over?
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#6
(06-18-2020, 02:30 PM)Chi21965 Wrote: No court will take any notice of being 6 minutes late.

Getting back to court to seek enforcement action may take a while. Can you smooth things over?

No chance of smoothing things over, been a nightmare for the past three years. Constantly breaking the order over ridiculous reasons that are personal to her rather than my care of daughter.
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#7
You need to enforce the order when she breaches. Courts would not have liked 3 years of breaches repeatedly. Do u have evidence of her breaches? For example text messages and emails ? If you dont enforce it is seen as you accept her breaches. Meanwhile youre losing time with your child that you can never get back. Smoothing things over would be best, but if theres no chance then I would say go to court. It will take a while to get into court but if youre anyway just waiting and not seeing your kid , and not knowing if and when you will see them again, you have nothing to lose.
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#8
As a rule i always made an pllicatiom for enforcememt om the third breach. Keep. The eviddnce snd be as polite as possible, but if things dont settle, take it back to court.

Its oossibke thst you may be heard in the same timeframe as normal if your matter is heard remotely.

You need to lay a trap for her by putting in writing now - very politely suggestions for starting contact and when she fails to accept using that against her in court.
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#9
Mine breached court order all the time, but it just cost money to keep going back to court
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#10
It costs £215 for an enforcement application. So is she trying to hold you to ransom? Ie saying she wants more CMS? You only have to pay at the assessed rate. But it is a legal requirement to pay it and it won’t help you to see the kids to stop paying it either - you’d then be classed as playing games like she is. Sometimes they stop or reduce contact to get a higher level of CMS (because you’re getting less nights).

I would also email- keep it not personal - biff email (brief informative friendly formal) as if writing to a business colleague. As said above it is good evidence if you do apply to enforce but also that level of communication can actually be effective I find.

Something like

Dear Ex name.

I am concerned that the children’s time with me has not taken place on x date and x date, when this is court ordered for their best interests. I apologise for being 6 minutes late on x date but request please that the order is followed so the children continue to benefit from regular and significant time with both parents. I propose to collect them on x date at x time as usual. Please can you confirm they will be made available.

Regards, you.

That is blindingly reasonable if needed as evidence , has some leverage in that it points out she is not looking at the kids best interests under a court order, and makes clear you are polite and reasonable and also hints that she stopped contact over a ridiculous 6 minutes.

It also shows you tried to resolve things before applying to enforce.
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