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Hi, I'm really in need of some sound advice. I have been divorced now for 2 years. At the point of separation i had regular contact with my 3 children. Within 6 months of separation the contact dwindled significantly to nothing. I have tried many times to see them but my ex wife is very bitter and does her very best to stop me having any contact. I realize that i should have maybe gone back to court to re-establish contact legally with them but i couldn't bear the thought of upsetting the children more than they already had been. The ex wife has blocked me from contacting them via Facebook or Twitter. It has been 2.5 years since i have seen my children now. During this time i have never missed a child support payment, the payment of £477.76 monthly was agreed through the court during the divorce. the figure was calculated by the CSA. I have since remarried and have a step daughter. The questions i would like to ask are: What right have i got as a father to see my children? Because my circumstances have changed how do i alter my child support payment? (bearing in mind it was a court order Dec 2012) The CSA have told me the new figure should £434 per month. Please help Kev.
Hi There,
You have every right to see your children, what you would need to do first is try and arrange mediation, the court now need this to be completed before you can attend, If your ex won't attend mediation then the mediator will give you a form to prove you have been and you can then submit that to the court when you apply for an order.
With regards to the child miantenance, a court ruled payment will only stand for 12 months once 12 months is completed you can either arrange a private agreement with your ex or you can go through CMS/CSA, what I would say though is that although there is a difference between what you pay now and what is advised through CSA/CMS it may be worth holding off on changing any payments until you have decided what you will do about contact. if you try and change the payments the first thing that you will do is put your ex on the back foot and she will then be out for you again.
If you can go through court for contact then you can also bring up the payments you make and either agree a new amount or have it ordered that you use CSA/CMS to calculate and handle the payments.
When you are looking at possible court orders it's best to always be ahead and think about what reaction you will get from the things you do. Court os always the long route and if at all possible you need to keep the peace throughout or it makes it even longer and harder.
If you go through court you can self represent it's classes as LIP (litigation in person) many of us have done this and it isn't as difficult as you would think and we can support you through it.
GTTS
Hello Kevink
Child maintenance and contact are not linked in law, therefore issues with one should not affect the other. You may wish to seek legal advice as to where you stand regarding contact with your children.
Citizens Advice Bureau (CAB) provides free information and advice on topics such as legal, housing and debt. Please check website to make sure this number is correct for your area. Some local CAB's still retain their own telephone number. To find your local CAB, look in the phone book or click on 'Find your local CAB' on the website at http://www.adviceguide.org.uk.
Advice Line (England): 0844 411 1444
Advice Line (Wales): 0844 477 2020
If you have a case with the Child Support Agency (CSA) you would need to speak to them directly to discuss your concerns regarding your payments. You will find their details on any letters they have sent you or on Gov.uk at https://www.gov.uk/child-maintenance.
If you have a Consent Order of a Minute of Agreement in place you may wish to seek legal advice as to where you stand regarding your payments.
For more information on the different ways to set up child maintenance, you can visit the Child Maintenance Options website at http://www.cmoptions.org.
The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.dad.info/divorce-and-separation/sorting-out-separation.
Regards
William
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