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Hi, I have a wonderful 3 year old boy who I see very often. My ex partner wants me to pay cash instead of into her bank account.
We have an intermediary who drops my boy off to me and picks him up again (The ex partners step father). I have asked him to sign a Receipt Book to declare that he has received the payment (as arranged) in cash. Does this have any legal standing? I have been paying my ex partner by cash for the last 12 months without any signature. If a signature on behalf of my ex partner is acceptable, then can any one give me any tips on the correct terminology to use? This is what I written (and has been signed once, today for the first time). : " I certify that the sum of £40 per week will be payed in cash to "______" . This sum is for the child support for " (my sons name)__ " . This cash is signed for on each occasion as agreed with all parties"
Is this good enough? Would this stand up in court?
Please help ! 🙂
Kind regards
Hi there
As its not the recipient of the cash signing for it, but her representitive, I'm not too sure how that would stand up. However I'm no expert on stuff like this so hopefully someone with more financial knowledge will be able to advise you. 🙂 You might have been better posting this in the Finance section. I'll flag it up to the moderators and ask them to move it over. 🙂
I agree with NJ, I think if it came to the CSA, you could have trouble proving that it was for maintenance when the receipt has been signed for by someone else - you ex could say she never received the money. Why does she not want it to be paid through her bank?
Hi
I'm William the Child Maintenance Options consultant. When parents agree to pay maintenance between yourselves, we call this type of agreement a family-based arrangement. Family-based arrangements are not usually legally binding, however, they are flexible and easy to change should you have a change in circumstances.
You have mentioned you have a receipt book to record payments and you would like to know if this would stand up in court as proof of payment. You may wish to seek legal advice regarding this to see where you stand legally. It might be worth contacting Community Legal Advice. Their website is www.gov.uk/community-legal-advice.
If you or your ex-partner was to make an application to the Child Support Agency (CSA), then your responsibility to pay would start from around the point of when the CSA contact you.
There is a web application available at http://www.dad.info/divorce-and-separation/sorting-out-separation, that you may find useful as it offers help and support to separating families.
For more information about family-based arrangements and access to useful tools and forms online you can visit www.cmoptions.org, or if you'd prefer a confidential chat you could call the Child Maintenance Options team on 0800 988 0988 (free from a landline).
Hope this helps
William
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