do i need to pay under a court order
Yes. They can send bailiffs round if you don't.
i had a court order in respect to 2 children one which was biologically mine and one which was not made in 2005 -
since then the mother has chosen to go back to the csa to get the amount for the biological child raised whcih i understand she can do after 12mths of the date of the orginal order - however she continues to want the judge to enforece the court order for the non biological child through the court order - the judge has informed me he can not vary the original order for this child as the csa have not made got involved which iunderstadn they can override the oringal order.
the reason why she has chosen not to go back to the csa for the non biologocal child is that they will rule i have no liability in respect to this child - so part of the order is upheld but the other part she can vary by the case - not consistant !!
so i today chsoe to contact the csa who have informed me she has already contacted them back in 2006 in respect to the non biological child and she is aslo chasing the father for monies through the csa ! so how do i proceed the judge needs to realise that she has gone to the cas for both children so the court order should now fall away?
Then you need to get it listed before the court to get it set aside. Alternatively you can ask the CSA to take it into account when assessing your liability.
it was listed as a fianl hearing today and he throw it out for another hearing !
what do you mean set aside?
also am i right in thinking he cannot apply the "child of the family" argument now that the csa have confimred that they are involved?
If the court order is already in place then its the CSA you need to appeal to. She can't have double child support.
the problem is that she is enfocing the orginal order for the non biologiocal child and wants the mones i have not paid since i found out
how do i get the original order cancelled
You need to get the case listed. But I can't really understand whats happened here. She applied to the court and got an order in relation to both children. Then she applied to the CSA in relation to one? If thats right, I don't think the later ruling is a ground to overturn the first. What I can't understand is why there was ever a ruling in relation to a child that wasn't yours anyway? On what basis?
you say
I don't think the later ruling is a ground to overturn the first. but how come she has managed to do this for one child but for the other it cant be done?
did you get my last question ?
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