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What are the advantages and disadvantages of using the court and the CSA?

 
 

Court


Advantages
  • Higher amounts of maintenance may be awarded than under the CSA.
  • You may be able to obtain an order for a child who is over the age of 19 (for example, to help with the expenses of higher education).
  • An agreement you have made with the NRP can be made into a Consent Order. This may help to maintain good relationships between you and the NRP.
  • While a Consent Order for child maintenance is in force, unless the exceptions apply (see 'disadvantages', an application to the CSA will not go ahead.


Disadvantages
  • The process can be slow as you must wait for court hearings - however, you can ask the court to make an interim maintenance order.
  • Enforcement action can be costly and time-consuming.
  • You will have to go back to court each time you need to vary the amount and pay a fee.
  • The CSA will take over child maintenance where:
    - you start getting IS or income-based JSA; or:
    - if the order was made after 3 March an application is then made to the CSA either by you or the NRP.


CSA


Advantages
  • At the moment the service is free.
  • The process from application to first payment should be quicker than through the court.
  • There may be compensation available if, for example, you suffer financial loss because of a mistake made by the CSA or there have been long delays in dealing with your case.
  • They can set up payment arrangements and deal with collection and enforcement.
  • If there has been a change in circumstances you can let the CSA know by phone.


Disadvantages
  • The amount worked out can be lower than an amount set by the court.
  • You have no control over enforcement action the CSA may take.
  • It cannot deal with situations where the NRP moves abroad or if you want the amount of the calculation to be 'topped up'. So you may need to go to court as well.
  • There is a maximum amount of child maintenance you can get, even if the NRP is extremely rich.
  • Numerous changes and adjustments can be made to the amount you get, which can be hard to keep track of.


 Next page: Update: changes in 2008

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