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Hi All
I am hoping that someone can help.
I was with my ex for 25 years. We have 3 children. We wre not married and I bought a house which is in my name only and I made all the contributions to it and paid ALL the bills. Anyway we split up and she moved out of the house and eldest decided to live with me full time and go to college and I provide all his financial needs.
My other 2 children stay at my ex-partenrs. I am self-emplyed and pay myself a small salary. I pay her monthly contributions, however she has recently started a new job and proberbly earns more then me. My other 2 children stay with me 3 nights a week and I pay for their toys, clothes when they are with me. I also pay their school lunches which amounts to £30 per week as well as school trips and also take outs when they are with me. The school trips cost £700 alone.
My question is, I have recently recieved a letter from Child Maintance investigator asking about information from my business account, which I have forwarded to my accountant. to provide. Will the money I provide for school trips and lunch be taken into account and also it seems that when you talk to child maintanance they treat you like some deadbeat dad who does not care about the welfare of his children even when she decided to have an affair and split up and should I ask for child maintance from her towards my eldest? Also should I get a solicitor involved?
I wouldn't get a solicitor involved as it will cost you a lot and will probably achieve very little - your accountant will be more likely to help. The money you pay for holidays etc won't be taken into account I'm afraid, but you aren't obliged to continue paying this. Have you checked the maintenance calculator, and bear in mind that you should be able to get a 1/7th reduction for each 52 nights per year they stay with you.
Thank you for your reply.
Is it worth putting a counter claim in and asking for child maintance for my other son?
Hi there
If she is working then you should definitely put a claim in for CM for the child that lives with you, as long as you are claiming the child benefit for him,
However, if you are able to negotiate with her, you could put it to her that it would be better for both of you if you can sort out a private arrangement, as she wouldn't be entitled to all of the extras she is currently receiving from you if you are forced to go through the CMS. Perhaps if she realises that all of the extras would stop and you would be making a counter claim, she might think again.
Hello DELL123
Firstly, in regards to your question on whether the Child Maintenance Service (the Government’s statutory maintenance service) take into account additional contributions, paying the figure calculated by them is your legal responsibility fulfilled. Any additional contributions would be entirely voluntary.
You asked whether it would worth putting in a counter claim against your ex-partner regarding child maintenance for your son. All parents have a financial responsibility to support their children. If your eldest son is currently in full-time, non-advanced education and you are eligible to receive Child Benefit for him, it is possible you will be able to receive child maintenance from your ex-partner.
Many parents choose to set up a child maintenance arrangement between themselves, which is known as a family-based arrangement. This type of agreement is not legally binding and there are no strict rules to follow, which means it is down to you and your ex-partner to agree on a suitable contribution for the both of you.
You can find a range of supporting tools and guides on the Child Maintenance Options website that may help you to set up a family-based arrangement with your ex-partner at https://www.cmoptions.org/en/toolbox/index.asp.
If you find you are not able to set up a family-based arrangement, you may wish to consider making an application to the Child Maintenance Service. They can either calculate your child maintenance, then leave you to arrange payments between yourselves, or they can collect payments and pass them on for you.
If you decide to ask the Child Maintenance Service to arrange your child maintenance for you in the future, your ex-partner’s responsibility to pay will start from around the point that she is contacted by the Child Maintenance Service, not from when you first make your application.
There is also the option of a Consent Order (Minute of Agreement in Scotland), which is an agreement made through the courts.
For a more personalised response and information on the fees involved when using the Child Maintenance Service, you may wish to contact Child Maintenance Options directly at http://www.cmoptions.org.
The Department for Work and Pensions (DWP) have a website, 'Sorting out Separation'. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is https://www.sortingoutseparation.org.uk/.
Regards
William
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