Defending an appeal
It will not surprise you to know that it is not only open to you to make a departure application, the non-resident parent can do so too in an attempt to lower the child support he pays. In particular he can make the following applications:-
1. Travel costs to work. This includes train fares, fuel, taxi fares and road or bridge tolls.
2. Contact costs. If there is a frequent and regular contact arrangement and no shared care award then the father can ask for his costs of contact to be taken into account which includes the cost of rail or bus tickets, fuel, taxi or air fares together with any tolls.
3. Illness or disability. If your ex suffers with an illness or disability or has any children or a partner living with him who suffers with an illness or disability then he can apply for a departure on the basis of the costs associated with that.
4. Debts. Where you ex has ended up “lumbered” with debts that were incurred whilst the two of you were together and for the benefit for the two of you (or any of the children that were with the two of you at the time) an application can be made on this ground.
5. Pre-1993 Debts. These applications have never been common and as time goes by this ground has become as far as I can see completely irrelevant. If you do find such a ground being made against you should telephone us on 03456 588683.
6. If your ex has children living with him who have lived with him since before April 1993 he can apply for a departure on the basis of the costs incurred in supporting those children. Once again for the purposes of new applications this is virtually irrelevant however if your ex has been successful in obtaining a departure on this ground it is still possible to change the situation and defend it, no matter how old it is.
If you receive any of these applications from the CSA made by your ex you really should obtain legal advice, not only on the basis of how to defend them but to see whether or not you can make your own cross application. It may be the position that the father has a winning case in relation to a departure ground himself with from your point of view is practically undefendable but you could easily regain the money lost by making your own cross application. It is even possible for the cross application to be worth more thereby resulting in an increase of child support. It is very important that legal advice is taken on these points. Call us on 03456 588683.