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Hi, I am new to this website and am interested in hearing opinions from other Dads who may be in a similar situation.
I have recently split up from my partner. We were never married. We have a 2 year old son and my x-partner has a 9 year old son who I have brought up since he was 1 year old. He doesnt see his biological father and never has - he also doesnt get any support from him as Mum didnt want anything to do with him. I am not on the 9 year olds birth certificate.
I see them every other night after work as we live quite close. I also have them stay at my house 1/2 days a week. Me and my x-partner get on reasonably well since living separatly and communicate regularly. Based on the CSA calculator, I pay £300 per month to support both children.
My question is, do I legally have to pay for the 9 year old and should this be the responsibility of the biological father?
I do want the best for both of them but as I'm struggling a bit at the moment, I am looking at other options.
Any advice appreciated.
Thanks.
Hi
Legally, you are not liable for the 9 year old.
Hi, thanks for reply.
Yes I didnt think I was but I want what is best for him and his Mum relies on the CSA I provide.
Can you advise who would be best to speak to about contacting his biological father? As he also isnt on his birth certificate I guess this wont be easy...
Hi There,
.
As already said you are not legally liable to pay for the 9 year old, though I have t say that it is amazing that you feel that you want too, it would be the natural birth fathers responsibility to pay for him.
.
If your ex won't contact CMS regarding him paying for his child then I'm not sure if there is anything you can do to make that happen.
.
Maybe if you stopped paying for the 9 year old your ex would start to think about whether she needed to chase the father, the only thing I would say is that if you stopped paying for the 9 year old you coud find your ex stops you from seeing him.
.
GTTS
Hi, thanks for reply.
I would hope that she doesn't stop me seeing him as this would be very unfair on him.
Do you think £300 is realistic for the 2 children for the month? I used the CSA calculator: https://www.gov.uk/calculate-your-child-maintenance
Is there any way I could lower my monthly payment? What is the CMS?
Thanks.
Hello stec74
As Yoda and got-the-tshirt have mentioned, unless you have legally adopted your stepson, you have no obligation for making child maintenance payments for him – any financial support you do offer, is entirely voluntary.
Your stepson’s biological father has a responsibility to pay child maintenance for him, regardless of whether or not he is named on the birth certificate. If your stepson’s mum would like information on all the different ways to set up child maintenance, she can visit the Child Maintenance Options website at http://www.cmoptions.org.
To answer your question about what the CMS is; the Child Support Agency (CSA) stopped accepting applications for child maintenance in 2013 - they were replaced by the government’s new statutory service, called the Child Maintenance Service. You can get an idea of how much child maintenance would be expected, based on their guidelines, from the Online calculator available on the Child Maintenance Options website.
For information on all the different ways to set up child maintenance and for a more personalised service, you are also welcome to visit the Child Maintenance Options website.
The DWP have a sorting out separation website that you may find useful. It offers help and support to separating and separated families. The link is: https://www.sortingoutseparation.org.uk/.
Regards
William
Hi There,
.
The info above should explain things for you.
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As you say yes it would be very unfair on the 9 year old if she stopped you from seeing him, but it is quite possible that if she is unhappy about you reducing the amount you pay that she could do just to spite you.
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GTTS
Thanks for all the advice everyone. I will be continuing to pay the £300 for both children. I have discussed with my x and she would do everything she could to stop me seeing them if I tried to stop the CSA. This is the last thing I want and just isnt worth the hassle. The links may come in useful in future so thanks.
Personally, as a separate issue, I would see if you can persuade your ex to go after the father for maintenance - I know she wants nothing to do with him, but any money she could get could go into a savings account for when he reaches 18, and why should he get off without paying anything.
Hi, we have discussed this in the past. She is worried that he will then want to see him and as he was married at the time Thomas was conceived she doesnt want to get involved. It is something I think about all the time though. Maybe im too soft but now things are different and we have split up and I dont have as much money then I should pursue this.
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