[Solved] living with daughter and being forced to pay maintence,

Hi,

She is the applicant and presumably the person who receives child benefit, and in the absence of evidence otherwise they will likely take your ex's word on everything as the assumed resident parent. The CMS are an incompetent shambles of an organisation.

Presumably you are living separately within the same household, I.e. you are cooking separately, living in separate rooms etc? If so it may be that her claim is valid despite being in the same house, but you can always ask for a mandatory reconsideration if you disagree, and if that fails appeal to a tribunal. You should keep paying maintenance in the interim however as a priority. You should state clearly in writing what your role is in day to day care, I.e. school drop offs, meal times, bedtimes, welfare such as doctors/dentists etc.

I dont really understand how your ex put in a child maintenance demand 6 years ago if you are still living in the same house, how long have you been separated for?

Needless to say you should get finances and child arrangements sorted asap to move on - it's good she is seeking remedy via court for finances as it moves it forward, has she suggested anything at all regarding long-term child arrangements, what is your opinion on what time your daughter should spend with you?

Divorce is expensive and both you and your ex will be financially squeezed by it, not least because you will have to run 2 households. Try to prioritise... for finances for example you can self-represent at court to save costs, I wouldn't bother with a solicitor and would just get a direct access barrister if necessary.

Thanks for the reply,

Child maintenance and child support are two different things.

I’ve asked for a mandatory consideration and a variation both totally ignored.

I’ve now requested another mediation and if she refuses I will try going straight to court sighting historic violence.

Marcus

The CMS cannot "totally ignore" a mandatory reconsideration if you ask for one.

I'm not sure why you would go to court citing "historic violence" - much better to try to reach an amicable arrangement.

They haven’t ignored they saying they have done it and they won’t make changes.

There has been a history of violence and there is a non mol in place it is impossible to be in the same room and there is no talking to her.

The court application says you can skip miam if there has been violence ?

If there is a Non-Molestation Order in place yes you can skip mediation.

However there is a thing called shuttle mediation where the mediator goes between rooms. You don't meet or see your ex at all during the session though you will need to confirm the mediator has separate waiting rooms for you.

Also you should mediate on child arrangements separately using a different mediator. That way neither of you have to deal with the mediator's bias.