My husband and I are separating and are looking at setting up a private agreement for maintenance of our DD (21months). Can anyone give me advice on how to go about this. I have looked on CSA website and it says we can do a private agreement but only after an assessment has been done and if our agreement is less than what was assessed we have to get legal advice. Is this right?
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23-12-2011 15:46 #1
Setting up a private aggrement
23-12-2011 16:11 #2
Yes, that does sound correct, I think that after your assessment has come out, if you both agree on a lower amount, than really who is going to know, as all you need to do when going onto a private agreement is to notify them that's what you are going to do (they don't check the amount) but I'd say the 'legal advice' warning is just so no-one gets ripped off inadvertently.
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24-12-2011 21:47 #3
Make sure If it's a private agreement to get him to put money into your account so there is proof of it. If he decides he is not going to stick to the agreement they can only back date up to 3 months should you choose to collect through them.
26-12-2011 09:37 #4
Not sure about having to have an assessment done before you do the agreement... but for us we had csa do the assessment but it's based on last years taxable income. My ex made a heap of deductions for tax the next year so his taxable income dropped.. I gave him too options: a) we do an offical assessment based on what he really earns or b) we do an agreement through csa. He took option b (always wonder what he's actually earning) but beforethat he tried to convince me to let him give me cash (no way!) so we've had private agreement through csa for the last few years and it works out fine. I'm nearly finished my post grad study so will be working in 6 months.. so not sure what will happen then.
26-12-2011 09:55 #5
It depends what you mean by private agreement - there is getting an assessment done and then just collecting the money privately. How the money is paid is up to you but definitely recommend bank transfer as there is an easy record if you need to refer back. And if payments stop you can request csa collect with up to three months owing.
The other private agreement is a formal agreement in writing between both parties which can be lodged with csa and replace their assessment. They will still work out what you would be entitled through the official assessment because they are unlikely to accept it if you are agreeing to receive less. Legal advice is required in some situations.
If you're not receiving family tax benefit payments then you're not required to go through child support at all and may decide to not register, however if you decide to start in the future it will only start from the date you register a case.
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