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I currently pay my ex manintenace that we're agreed through the Csa. However she has recently refused to let me see my son. Legally where do I stand on this and if so does she need to share the travel responsibility as she loves approx 40 mile round trip. So often I pick him up from her house after work. Then need to do the same trip the next morning to take him to school
Can this be calculated into my payments
Any advice would be appreciated as it seems the mother holds all the aces
I currently pay my ex manintenace that we're agreed through the Csa. However she has recently refused to let me see my son. Legally where do I stand on this
Child maintenance has nothing to do with whether you have contact with your son or not. The "law" (and common sense) says it still costs money to meet his welfare needs, whether you see him or not. While "legally" the child has a right to a relationship with both parents - parents have a duty/responsibility to meet the welfare needs of the child. So one parent should not stop a child forming a relationship with the other parent - unless there is some good reason to do so. Basically - the "child-parent" relationship is a child's right not the parents right.
and if so does she need to share the travel responsibility as she loves approx 40 mile round trip. So often I pick him up from her house after work. Then need to do the same trip the next morning to take him to school. Can this be calculated into my payments
Assuming you are on the 2012 scheme, as the paying parent in a CMS case you can ask for a "variation" for special expenses (contact costs) to be taken into account. Although the reduction in maintenance is quite minor - and the cost has to be over £10 per week (averaged over a year, normally) in order for CMS to consider a variation. In short, CMS would reduce your gross income by the "contact cost" and then use this new figure to compute the maintenance.
I would say that it is unlikely a 40 mile trip would average out to £10 a week - depending what/how you drive.
See here
Hope helps
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