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I have recently split up with my daughters mother. I have parental rights and we have agreed I can have my daughter 3 nights a week but my ex is demanding maintenance of nearly double what the CSA recommend i should be paying and if I dont pay she wont let me see my daughter . I have paid her the recommended amount and she has asked for more money. The CSA have told me they only deal with making payments, can anyone please help me with what i need to do to prevent her from not letting me see my daughter.
Hi,
If the CSA have agreed the amount you should pay, I believe she has no right to increase it herself, to what she thinks she should have. I would advise you to keep a dated record of her requests & times that she says you can't have access. Have you had any legal advice on this yet?
hi,
firstly thanks for your reply. I have only spoke to the CSA for advice and asked them to set up a case as she hasnt agreed to use the CSA with me. (they informed me she needs to agree to use them as she is resident parent and cant get involved without her permission).
I have spoke to a mediator and will ask them to contact her to see if she will agree to mediation (probably not). If she refuses I think I will need a solicitor .
If you have any suggestions or if anyone has been through a similar situation or knows of a similar situation i would grateful for a your advice.
thank you.
Hi, that's the first I have ever heard of the CSA needing the consent of the resident parent, may be worth clarifiying that with them, and I'll ask our experts at Child Maintenance Options to give an opinion.
Hi, I'm Sarah, a Child Maintenance Options consultant. Sorry to hear you've been having a difficult time, hopefully this information will help you.
Unfortunately the CSA can't force the parent with care to accept payments through them. If you can't reach an agreement about how much you pay, then you may have to go through the courts. Having said this, it may help if you explain to your ex-partner that the courts usually consider the CSA calculation when making decisions about child maintenance payments.
The CSA also can't get involved in contact/access issues. The best people to speak to about contact issues is the Children and Family Court Advisory and Support Service (Cafcass). You can call them on 0844 353 3350 or visit their website www.cafcass.gov.uk
If you need some more information about where you stand legally, it might be worth contacting Community Legal Advice. Their helpline number is 0845 345 4345.
In the meantime, I suggest that you keep paying the recommended amount, as you have been doing. Make sure you keep a record of any payments you make.
I hope this answer helps you.
Sarah.
Hi, unfortunately she has now stopped me from seeing my daughter, ive been making my payments direct to her account titled `maintenance`. Will give those numbers a call,
Thank you for your time and advice.
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