The Act has now received Royal Assent*, and can be found (in pdf form) here. Just to recap, Part 1 sets up the Child Maintenance and Enforcement Commission, Part 2 transfers child support functions from the Child Support Agency to the Commission and Part 3 contains the new provisions for calculation, collection and enforcement of maintenance. No news yet on commencement of the main provisions of the Act, but I'm sure I'll be returning to this subject over the coming months...
[*Usual hat-tip to Current Awareness.]
Monday, June 09, 2008
9 comments:
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I am not sure about this. After following there are mixed messages. On the one hand they seem to be promoting private agreements. On the other they say or else deduction of earnings, freezing of assets, locking up, stocks, etc.
ReplyDeleteAre the Government really going to take on the unreconstructed Men of Britain? The 2 of 3 NRPs who don't pay? I see pain on both sides for a time until this goes back to the courts where it always belonged. Progressive policies such as these undermine the building blocks of society. Bring back Dad, his children need him. Government should stick to doing what they do best, nothing.
I agree - I can see very little in this that will improve the situation. I also agree that the courts should be used, but can't see that happening.
ReplyDeleteAs a mum of a 9 year old with an ex who hasnt paid for her for the last 3 years, going through the csa and recently (monday 16th june)won my tribunal against him and his wealth £700,000 estate to name but a few of his belongings. I have and always have and will say, that only the courts should decide child payments, as the csa have wasted 3 years of my life, and when you slit up with your ex, its hard enough without all the financial hardship to
ReplyDeleteThanks for that. The old system through the courts was not perfect, but it was infinitely better than the CSA.
ReplyDeleteCan anyone please tell me how after winning a tribual which has took over 8 months, because it has taken three tribunals against my ex who is unfortunately self employed, which is a massive problem, as self employed ex's can choose what hey want to pay themselves and dividends, but thankfully having satisfied the tribunal which included an accountant for the tribunal and over 500 pages of evidence, because of the amount of money and my ex's assetts too, that was involved in this case i proved with out a doubt that my ex has been living beyond his means, . So that was two weeks ago after the tribunal case and i am still waiting to be told the exact amount my ex has to pay me, and having already been told by the tribunal on the day that they are back dating the amount to 2005, i wondered if anybody out there knows what happens now, and what power does this tribunal have to make my ex pay when the csa couldnt, also what happens to my ex if he refuses to pay.
ReplyDeletePresumably the CSA can calculate how much the NRP owes, and seek payment from him. As to enforcement, the usual methods apply.
ReplyDelete'the usual methods apply', yes, that is lawyers speak for piss everyone off. A system which doesn't look at things in the round and has no morality can expect no support from most on the receiving end of it.
ReplyDeleteOh dear. Perhaps the old court-based system would suit you better. At least then the court could "look at things in the round".
ReplyDeleteExactly, and bring in pre nups while you're at it.
ReplyDeleteThen we would have a workable system encouraging rather than destroying marriage.
1973 Act is a farce; you have to be mad to get married and under it with no fault divorce.