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Help with CSA and court

 
Tommie1990
(@tommie1990)
Active Member Registered

I really need some help  - is there anyway that CSA can be put on hold until a court hearing date  - the mother of my children is asking for 100% csa although i am fighting for 50/50 I HAVE NOT SEEN my children for 6 months and the court date is not until May. I am expected to pay £600 a month although I want my children 50/50 

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Topic starter Posted : 05/02/2022 4:19 pm
Bill337
(@bill337)
Famed Member

Hi,

As far as am aware, CMS would only freeze your payments if your out of work or claiming benefits. I would suggest you follow their payment plan, otherwise it looks like your refusing to pay and they could take enforcement action.

ReplyQuote
Posted : 05/02/2022 11:52 pm
Warhammer
(@warhammer)
Estimable Member Registered

If you are not named as their father on birth certificate you don’t have to pay, as you have no legal rights. 
The amount you pay takes in to account how many overnights the children are with you. So if they are not staying with you, you pay more to support their care. 
If your ex remarries you don’t have to pay CSA payments.

CSA payments are calculated on the here and now. If you get shared residency, it will be taken in to account at that time and payment reduced.

Have you checked the calculation out yourself on the government calculator?

https://www.gov.uk/calculate-child-maintenance

 

ReplyQuote
Posted : 07/02/2022 7:58 am
bestdad123
(@bestdad123)
Eminent Member Registered

@ Tommie, Sorry to hear about your situation. On the birth certificate, even if your not married, it can still state the fathers name (even if you didn't sign). Im assuming this means that if your named then you have parental legal rights/ responsibility and will have to pay the CSA. But worth checking if you are on birth certificate first.

@warhammer/ @Bill If you are named on the birth certificate as father but not married and didnt jointly sign, is that enough for legal parental riights or not

Also are you sure if ex remarries you dont have to pay CMS payments? Do you have a link etc to confirm that?

Thanks

ReplyQuote
Posted : 07/02/2022 10:12 am
Daddyup
(@Daddyup)
Prominent Member Registered

Hi

There is a difference between having parental responsibility and paying CMS (previously called CSA).. 

Being named on a birth certificate means you have parental responsibility, however, this does not determine whether you pay CMS or not. 

CMS is payable if you are the father, doesn't matter if you are on the birth certificate or not. If you are not named on it, you can dispute parentage but may then need to take a DNA test to prove the mother wrong if she challenges your dispute. If you are not on the birth certificate then you may not have automatic parental responsibility and may have to apply to the court for it, but this is a different matter to whether you have to pay CMS. 

If the ex remarried you still have to pay CMS. You might be referring to spousal maintenance which potentially stops upon remarriage depending upon what has been agreed.

 

Hope all this helps, all the best. 

ReplyQuote
Posted : 07/02/2022 5:58 pm
Warhammer
(@warhammer)
Estimable Member Registered

@gooddad123 sorry it’s spousal maintenance, child maintenance continues. 

ReplyQuote
Posted : 08/02/2022 12:50 pm
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