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Hello
My ex has stopped me from seeing my 9 month year old daughter and I haven’t seen her now for 5-6 weeks. I have started the court process but could take weeks to even hear back from that. She denied mediation and hasn’t responded to my letters or my Solictor.
I have always paid her and honoured our personal agreement and gave extra and paid more when we was together, she only applied due to the fact she knows I didn’t want to be on it and it’s a form of control so now I can’t do overtime as I’m now on good money.
I have put £1000 into my daughters saving account and would like to put payments in there each month instead. Is there anyway I can withhold payments and do that instead or will I just be put on collect and pay. Is there a deadline I pay I have heard it’s 5 working days. I don’t think it’s fair she can stop me seeing my daughter but she still wants my money each month, I have to pay out for court fees and Solictors while she will get legal aid plus taking my money each month while my child forgets me.
I assume this is through CMS, in which case, you are correct, if you fall into arrears, then they will put you on collect and pay and CMS add an extra 20% onto your payments. CMS don't concern themselves with contact, and the courts don't concern themselves with the financial side (though they take a dim view if contact is being fought on financial issues) which is what you are finding now. If she is withholding contact, you certainly aren't obliged to pay any more than the CMS calculate, so you don't need to pay for extras.
Additionally, if you are not doing overtime because of the extra money, then consider doing the hours and putting the extra into a pension (which exempts it from the maintenance calculation) - doing this means that at age 55 or over (currently) you can take 25% of your pension pot out as a tax free lump sum, which you could give to your daughter when she is older, so by doing this not only are you keeping money legitimately out of the calculation, but you are saving tax free for your daughter.
If you do go down this route, I strongly recommend you take professional financial advice.
@actd ok thank you for the help
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