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Hello,
I am after some advice on the following matter regarding child maintenance.
Basically, I am divorced with 2 children, one of whom lives with me full time already (my Ex has never made any financial contribution towards this childs upkeep) the other child currently lives with my Ex most of the time (and I pay a set amount of maintenance each month to my ex, regardless of how often this child stays with me). However, my ex has decided to move away soon and therefore both children will live with me full-time and at that point I will cease to pay her maintenance for this child.
As I will then have both of my children full time I asked my Ex if she intended to make any financial contribution towards the childrens upkeep, but she simply said No, I cannot afford too! (she works part-time) I would appreciate knowing what the legalities are on this matter - IE, should my ex make some sort of contribution towards the childrens upkeep if they are both resident with me? I should perhaps add that there is court order valid for another couple of months which says I have to pay her for both children each month.
Thanks
You have Custody.. but technically you still have to pay your ex for the kids?
That's wrong .. get it adjusted
Hi - yes thanks, I know it is wrong, but as the court order is only valid for a while longer it would have cost me more to take the matter back to court to change it, so it was easier to carry on paying (mad, but true)
My main question is should she pay me maintenance when both kids are with me full time as she seems to think that she doesn't have to.
Hi Gavin
How old is the court order, and what does it cover? If it's more than a year old, then I'd look at stopping payment now and ask the CSA to take your case - you are fully entitled to maintenance from your ex, and with 2 children it is 20% of her takehome pay.
However, before you stop payments, if you can answer the question about the order, as there may be other issues.
Hi actd,
Thanks for replying and the information.
The Court order is not a year old until October and I was wondering whether to contact the CSA when it is a year old, by which time both children will be living with me. The order covered the agreed divorce settlement, shared/joint custody of the children (although I have had the children far more, including one full time) and the amount of child maintenance I had to pay.
Things should have moved along much quicker - and had my truly incompetent Solicitor not closed their matrimonial department half way through proceeedings then I am sure I would be well and truly done and dusted with making payments by now....
Oh well C'est la vie! the important thing is the kids....
Thanks
HI Gavin
The shared residency is the bit I was interested, what concerns me is whether your ex would try to take one of the children back if you started asking for maintenance, but I don't think that's a problem as you have as much right to apply for residence if it comes to that, and the fact that you already have one child living with you means you are very likely to succeed in a residence application (hopefully it won't be necessary). I would consider dispensing with your solicitor and representing yourself, but I'd certainly suggest that you ask the CSA to act on the birthday of the court order - that's the date maintenance will be calculated from. Be aware that the CSA are very slow to act, and keep on top of them - a phone call every month for progress is worth while.
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