....apologies please read cca as csa.

Hi planetdeed

Interesting question. There could be no claim on the property as your interest in this would vest in the trustee. Not sure how the csa would view potential maintenance as this would need to be assessed on affordability.

If there is a reduction in household income, then you trustee would need to carry out a review of the income and expenditure and re assess any contribution.

Mark

quote:

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Originally posted by Mark McFadyen

Hi planetdeed
Not sure how the csa would view potential maintenance as this would need to be assessed on affordability.

Mark

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That's the crux of it Mark, If my current affordability is my Trust Deed monthly payment, does CSA have priority on that payment?....
If they do, then I have no affordable income balance to pay trust deed, if they don't then effectively CSA cannot claim anything.....right?

Hi planetdeed.

As I understand it the financial needs of the children will be prioritised.

The system takes into account how much you earn, how much time they spend with you and whether you have any other children for who you are financially responsible. This will determine the rate you would be expected to pay.

I suppose you could say that this is based on capacity to pay and the perceived needs of the children and other parent, rather than an affordability test that factors in your pre-existing financial commitments.

It is very much worked out based on a formula, although there are grounds for arguing additional expenses to reduce the amount and debt repayment is one of those. Unfortunately the final decision will be at the discretion of the CSA on their review.

Mark

Thank you for responses folks.

As Mark says, the amount of maintenance payable can be reduced if you are repaying certain debts accrued prior to your split, though you would have to make an application to the csa for this to be considered.

I would recommend you seek legal advice about any action your ex might take in respect of any assets as family law is a specialist area that we obviously aren't qualified to advise you on, though certainly your trustee's interest in the property will take precedence over any other claims.