Can a judge rule
#48617 (In Topic #7977)
Had a topic lower but no responses - might have sounded confusing. However currently in front of magistrate aat for third time. Cs barrister agrees with taking it back yet again to SSAT over error in law. CS barrister has warned judge that it is likely to continue bouncing back and forth between him and SSAT, considering the number of times we have been in front of him. They suggested that we take the earnings out of equation and both agree to amount children cost and halve it and the agreement overrides ssat, aat. We both sat in room to work out but didnt finish - other side said it would take longer then we had. Magistrate liked idea and gave us to february to come to agreement or to continue hearing. Snce then other side has refused to negotiate. My question is - can i make an application for magistrate to make the cs decision based on half costs? The cs barrister suggested it and advised judge that he will most likely see us over and over again if its sent back to ssat. Id just like to see an end to it all as we are now entering the next 3 year cs change assessment bout after 4 years of this current one, and some cs would help with children costs. Can a judge make that ruling if I apply?
Petalz saidCan a judge make that ruling if I apply?
I believe that the CS legislation does allow for Family Law decisions to take precedence. However, I do not believe that you can require a ruling that overrides CS legislation to be made by Family Law. So although the answer to your question is yes it does not mean that the decision maker may make some other decision. So if the question were "Must a judge………" then the answer would be no.
PS I didn't respond to your previous post as there was simply too little consideration given to your audience. There was no use of paragraphs, overuse of abbreviations, acronyms (the use of spt comes to mind) and numerous misspellings. The post you have just made isn't that much better, basically it's shorter.
Family Law and CS are relatively complicated and as such questions posed on these forums often require a lot of work from those who respond. I, for example, will sometimes take hours to provide answers generally checking the legislation to try to ensure that what I say is correct. For someone to post with little consideration, by not using paragraphs, by not checking the spelling and grammar and by resorting to abbreviations and acronyms and thus basically actively making it more difficult to understand what the question(s) is(are), may well get the "Why should I bother for one who themselves doesn't bother" non-response. The rules, which you are supposed to read before posting, do also say this, so there is also the thought "OK, this person can't be bothered with the rules".
I'd suggest that you heed this explanation as to why your first post likely never got a response if you intend on posting anything else.
uhhm, my understanding is that a court rather than SSAT would make decisions in regard to what is or is not an error of law. Perhaps the CS barrister needs to get some legal advice.
Petalz saidCs barrister agrees with taking it back yet again to SSAT over error in law.
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