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Enforcement of CSA Payments

By: Lorna Elliott LLB (hons), Barrister - Updated: 7 Feb 2016 |
 
Csa Maintenance Payments Arrears Child

Once the CSA has made a calculation for child maintenance, it has discretion to stipulate the method by which payments are made, to whom, when and how much should be paid towards any arrears. Notifications of any CSA decisions relating to payments must be made in writing, and should allow the non-resident parent as well as the person with care to make representations about them.

Payments to the CSA

In the majority of cases, the CSA prefer payments to be made directly from the non-resident parent to the person with care – save for when the person with care is on either Income Support or Job Seeker’s Allowance. In this situation, payments are made using ‘the collection service.’ In other cases (i.e. where the person with care is not on benefits) the collection service can be used if one or both of the parties request it. If there are problems with payments, it is possible to request the intervention of the collection service later on.

Under the new rules for child maintenance calculations, if a non-resident parent is on benefits Jobcentre Plus may make deductions at source of flat rate payments, at the request of the CSA.

When Payments Fall into Arrears

The CSA only intervenes in cases where payments have fallen into arrears if the collections service is being used. However, it is important to note that by the time the first calculation is made there are always arrears to be paid (because the calculation isn’t made until after the date when payments are due).

When a calculation is first made, the CSA will telephone the non-resident parent and tell them how the payments should be made, including the arrears. It is during this conversation that the non-resident parent should negotiate if they feel that they are not satisfied with the proposed schedule: this may be particularly pertinent given that the CSA always request that the initial arrears are cleared by way of a lump sum. (Any voluntary payments that have been made after the effective date can be deducted from the initial arrears.) The arrears are also notified in writing. If they are not paid within seven days of the written notification, the non-resident parent could face fines and enforcement action.

Enforcement Action

If a payment that is due directly to the person with care is missed, they must inform the CSA so that they can make enquiries as to why the payment has been missed. If a payment that is due to be paid via the CSA is missed, the CSA will follow this up of its own volition. In other cases, a person with care who is on certain benefits may request an increase based on the fact that child maintenance has not been paid.

In these circumstances the CSA will telephone the non-resident parent to find out whether there is a problem (e.g. a change in circumstances.) If the non-resident parent anticipates that they may find themselves in difficulty over payments, such as an impending redundancy, they should contact the CSA in good time to negotiate a reduction. There may be a suspension of arrears temporarily if the non-resident parent is ill, unemployed or incarcerated.

Deductions From Earnings

A Deduction from Earnings Order (DEO) is where payments are deducted from the non-resident parent’s earnings and paid to the CSA. Voluntary DEOs are available if the non-resident parent requests it: however if they persistently default, fail to keep to arrears arrangements and do not respond to enquiries, a DEO may be imposed. However it is possible to appeal a DEO to a magistrates’ court within 28 days of its imposition, either on the basis that it is defective or that the payments being made to the non-resident parent do not qualify as ‘earnings.’

If a DEO is inappropriate for whatever reason the CSA can apply to the magistrates court for a liability order. The CSA has to provide the non-resident parent with 7 days written notice of their intention to apply for this order. Once granted, the CSA can arrange for a county court to enter the order into its register like a judgment debt. This means that the CSA can pursue a charging order against land, property or other assets, a third party debt order against bank accounts or debts owed to the non-resident parent by a third party.

Disqualification From Driving and Imprisonment

In extreme circumstances, the CSA may take action to disqualify a non-resident parent from driving and can fix a term of imprisonment (up to six weeks) that is usually postponed to enable regular payments to be made.

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[Add a Comment]
Hi we have finalised the mantainance on november last year. And they told me thati will get the 1st payment on december,but since then i did not receive a cent,at the court they told me to wait, how long does it take?
Busie - 7-Feb-16 @ 4:04 PM
Bronny - Your Question:
Hi, My ex in currently in arrears of £3,000 for child maintenance over 9 years. I've given the details of his new address and phone number. They said they have rang him and hes requested a DNA test. Nobody else is getting back to me from CSA. He is also now going through a custody battle with another woman who he has a child with as well as having a different pregnant girlfriend. What can I do? I constantly ring the csa to be updated but my case worker never gets back to me. They've made contact with him after 9 years how come nothing is being done? How long does it normally take? And how long will they wait before they decide to use there enforcement powers?

Our Response:
Have you complained? See link here.
ChildSupportLaws - 3-Feb-16 @ 12:40 PM
Hi, My ex in currently in arrears of £3,000 for child maintenance over 9 years. I've given the details of his new address and phone number. They said they have rang him and hes requested a DNA test. Nobody else is getting back to me from CSA. He is also now going through a custody battle with another woman who he has a child with as well as having a different pregnant girlfriend. What can I do? I constantly ring the csa to be updated but my case worker never gets back to me. They've made contact with him after 9 years how come nothing is being done? How long does it normally take? And how long will they wait before they decide to use there enforcement powers?
Bronny - 2-Feb-16 @ 10:06 PM
tired - Your Question:
Csa say my ex is under investigation, but can't tell me anymore, what does this mean?

Our Response:
CSA investigations generally relate to the non-payment or establishment of child support where a non-resident parent is suspected as having un-reported income or is earning more than specified.
ChildSupportLaws - 2-Feb-16 @ 2:12 PM
csa say my ex is under investigation, but can't tell me anymore, what does this mean? .
tired - 2-Feb-16 @ 9:44 AM
tired - Your Question:
I applied for csa may 2015. but my ex refuses to pay or make contact with csa. The csa , says they can't find where he works although I have told them, also what he drives and bank details. how much longer can this go on before the csa actually step up. The arrears are building up each month. can I take legal action against him /and the csa for dragging their heels.

Our Response:
If you think the CSA is not doing its job properly, then you can complain, please see link here. I hope this helps.
ChildSupportLaws - 1-Feb-16 @ 11:33 AM
I applied for csa may 2015. but my ex refuses to pay or make contact with csa. The csa, says they can't find where he works although I have told them,also what he drivesand bankdetails. how much longer can this go on before the csa actually step up . The arrearsare building up each month. can I take legal action against him /and the csa for dragging their heels.
tired - 31-Jan-16 @ 1:26 PM
steve - Your Question:
Well here we go finished paying maintenance last august 2015 both kids have jobs,csa said I oh money of £35 on one account then the other account they say I oh £2500 in rears so I appealed so they done a account break down and said yes you oh £5500 in arrears,ive always paid maintenance on deo and basically pay what they ask for.ive asked where arrears is from but they say it happens then asked where the money is going to they say back to the state why I dont oh the state money does this either sound like my ex has said that ive not payed her at all we did have a private agreement at the beginning on which when we didn't see eye to eye the csa were involved private agreement from 2000 till 2003 yes I new I was in arrears at the beginning on which I was paying off on top of regular maintenance and over the years the csa have made blunders by saying ive overpaid and that because I was in arrears they were taken the over payment off the acount on which was cleared back in 2008 so why do they say I oh this amount of money ? ive had my MP involved but with no sucsees si iam at my witts now,but does this sound like my ex has said that ive not paid any money to her when I was paying her private just dont understand atall looks like iam paying taken the Micky out of me cheers steve

Our Response:
I can only suggest you complain if you feel you have been treated unfairly, please see link here.
ChildSupportLaws - 29-Jan-16 @ 2:33 PM
well here we go finished paying maintenance last august 2015 both kids have jobs,csa said i oh money of £35 on one account then the other account they say i oh £2500 in rears so i appealed so they done a account break down and said yes you oh £5500 in arrears, ive always paid maintenance on deo and basically pay what they ask for.ive asked where arrears is from but they say it happens then asked where the money is going to they say back to the state why i dont oh the state money does this either sound like my ex has said that ive not payed her at all we did have a private agreement at the beginning on which when we didn't see eye to eye the csa were involved private agreement from 2000 till 2003 yes i new i was in arrears at the beginning on which i was paying off on top of regular maintenance and over the years the csa have made blunders by saying ive overpaid and that because i was in arrears they were taken the over payment off the acount on which was cleared back in 2008 so why do they say i oh this amount of money ? ive had my MP involved but with no sucsees si iam at my witts now,but does this sound like my ex has said that ive not paid any money to her when i was paying her private just dont understand atall looks like iam paying taken the Micky out of me cheers steve
steve - 29-Jan-16 @ 10:59 AM
I have arrears with the csa my ex has said she wants to cancel the order and I can pay direct to her. Is this possible
B - 15-Jan-16 @ 1:27 PM
Shelly - Your Question:
You have said that if he has recently gone bankrupt which he did in May last year. He is working for a recruitment agency as far as I'm aware and the home is his girlfriend's. How would CSA look into his earnings when he's declared bankrupt and using his girlfriends account to send the maintenance money? When he hasn't exactly defaulted on any payments.

Our Response:
It is sometimes difficult to answer such questions accurately without having the full quota of information, I was assuming by your original question that due to redundancy your ex was no longer employed. I can only suggest you give the CSA a call directly regarding this matter as they can better advise.
ChildSupportLaws - 14-Jan-16 @ 10:50 AM
You have said that if he has recently gone bankrupt which he did in May last year. He is working for a recruitment agency as far as I'm aware and the home is his girlfriend's. How would CSA look into his earnings when he's declared bankrupt and using his girlfriends account to send the maintenance money? When he hasn't exactly defaulted on any payments.
Shelly - 13-Jan-16 @ 3:37 PM
Shelly- Your Question:
I am on my own supporting my two boys I am currently receiving my CSA payments via the girlfriend of my ex husband. The payments I receive are £200 a month for two boys as he's self employed and recently gone bankrupt and will wangle his way out of paying me if any maintenance at all. I am a responsible mother paying for a roof over our heads and concerned that if his relationship with the current girlfriend ends what will happened to my future payments. Worried mum of two.

Our Response:
Your husband's girlfriend has no responsibility to pay for the care of your children. Therefore, I assume as he has registered bankrupt he is using her account to pay you. However, if he is not earning, then he could contact the CSA and it would review his salary and he may not have to pay if there is no income coming into his home. If he splits with his girlfriend then if he is instructed to pay you through the CSA, then he would have to find another way to get the money to you.
ChildSupportLaws - 13-Jan-16 @ 10:50 AM
I am on my own supporting my two boys I am currently receiving my CSA payments via the girlfriend of my ex husband. The payments I receive are £200 a month for two boys as he's self employed and recently gone bankrupt and will wangle his way out of paying me if any maintenance at all. I am a responsible mother paying for a roof over our heads and concerned that if his relationship with the current girlfriend ends what will happened to my future payments. Worried mum of two.
Shelly - 12-Jan-16 @ 4:21 PM
My partner has been paying maintenance to his ex through a personal agreement however now she is informing us that this is not the case and this was a gesture of good will and she claims She has a letter from csa stating he now owes £12000. Don't know where we stand on this now.
leigh - 30-Dec-15 @ 9:02 AM
Just a question my partner owes £10000 in areas so CSA say even thou he was paying his ex wide via hand and she left him in £25000 of debt he paid most of it of now we have received letters stating there going to be taking £377 a month of him witch leaves us with not much money to live of we have been told CSA don't care of we CNT afford to live they will take the set amount for the 2 boys so my kids have to go with out so she gains more money last time he paid she never spent a penny on the boy we still got there hairs cut still brought clothes etc I just don't no wat to do I don't want my kids to go with out we wud gladly pay but £377 is a lot to take of us we have 3 kids to feed and cloth and wen we have his kids we have to feed and cloth them I just don't know how to reduce the payments so we can still pay them and the debt of
lankie - 23-Dec-15 @ 7:26 PM
Hi my ex starting working back in 2014 and he stopped paying and I found out where is he working so told the CSA so they looked in this to and yes he was working there but he still wouldn't pay they try to take money from the people he was working for but due to them being friend off his family the CSA didn't get nowhere and 15 months last I'm still waiting... The CSA took him to court and got a order and he still didn't pay now the balifs are doing there work but been out 5 times and send letters out and after 100 phone call my mum phones up for me today but if you are going though the some just keep ring the CSA and keep going on they will start
singlemummy - 1-Dec-15 @ 7:38 PM
Back in 2012 I was arrested and sent to prison for 42 days because I didn't pay the CSA owed to my two sons and disagreed with the CSA's findings, at this time my sons where 24 and 22. After 12 days my family pulled together and paid the ten thousand pounds to the prison services where I was held. Unfortunately at the time my wife didn't get a receipt for the payment made as she was under a lot of stress and going through chemotherapy she just wanted me out of prision. After three years the CSA have denied ever receiving the monies paid and are now chasing the debt again. I have managed to send documents from the prision services supporting my claim that all monies where paid. The CSA want a paper receipt and will not accept electronic confirmation even though I have sent them emails from the prison services and the solicitors acting at the time that the entire debt had been settled. The prison service can no longer send me a paper receipt. After a along and tiresome two months going back and forth the CSA have now threaten to evict me my wife and my two small children and put my house up for sale to pay the ten thousand pound debt. I have been In touch with my local MP whom looked at my case and basically told me I had been stitched up and there was nothing he could do and that I was on my own. I am totally at my wits end and I do not know what to do, I can not afford to get a solicitor involved. Please help.
Eddie - 28-Nov-15 @ 6:07 PM
Back in 2012 I was arrested and sent to prison for 42 days because I didn't pay the CSA owed to my two sons and disagreed with the CSA's findings, at this time my sons where 24 and 22. After 12 days my family pulled together and paid the ten thousand pounds to the prison services where I was held. Unfortunately at the time my wife didn't get a receipt for the payment made as she was under a lot of stress and going through chemotherapy she just wanted me out of prision. After three years the CSA have denied ever receiving the monies paid and are now chasing the debt again. I have managed to send documents from the prision services supporting my claim that all monies where paid. The CSA want a paper receipt and will not accept electronic confirmation even though I have sent them emails from the prison services and the solicitors acting at the time that the entire debt had been settled. The prison service can no longer send me a paper receipt. After a along and tiresome two months going back and forth the CSA have now threaten to evict me my wife and my two small children and put my house up for sale to pay the ten thousand pound debt. I have been In touch with my local MP whom looked at my case and basically told me I had been stitched up and there was nothing he could do and that I was on my own. I am totally at my wits end and I do not know what to do, I can not afford to get a solicitor involved. Please help.
Eddie - 28-Nov-15 @ 6:05 PM
My son is now 17 and I received a letter June time advising me that I would start receiving month payments from his biological father. He had not made a payment since my son was 3/4. Which was also dealt with by the CSA so 13 years later they now decide to chase his up. 3 payments were made then on the 4th month no payment received. I have called the csa 4 times now since August to find out when payments will restart only each time to be advised that some one will ring me back. I have just spoke to a very unhelpful man who first asked which ex partner I was calling about ! (I have one child) and then wanted to tell him the last times I had called because on his "system" I had only called once. He advises me that the lying ex yet again (my words not his) claims he has not worked for say company since August ! So when asking about investigating as he is working so they need to find where he is working now I'm told there's nothing else the CSA will do to intervene and that's that ! Rude man unhelpful man no wonder so many men get away with payments the system is a joke and to top it off when the CSA close any money owning as there is arrears aswell will be forgot because I'm sure as hell not going through that payment company and paying a £20 "membership fee".
Thinksimafool - 26-Nov-15 @ 5:13 PM
Thinksimafool - Your Question:
My son is now 17 and I received a letter June time advising me that I would start receiving month payments from his biological father. He had not made a payment since my son was 3/4. Which was also dealt with by the CSA so 13 years later they now decide to chase his up. 3 payments were made then on the 4th month no payment received. I have called the csa 4 times now since August to find out when payments will restart only each time to be advised that some one will ring me back. I have just spoke to a very unhelpful man who first asked which ex partner I was calling about ! (I have one child) and then wanted to tell him the last times I had called because on his "system" I had only called once. He advises me that the lying ex yet again (my words not his) claims he has not worked for say company since August ! So when asking about investigating as he is working so they need to find where he is working now I'm told there's nothing else the CSA will do to intervene and that's that ! Rude man unhelpful man no wonder so many men get away with payments the system is a joke and to top it off when the CSA close any money owning as there is arrears aswell will be forgot because I'm sure as hell not going through that payment company and paying a £20 "membership fee".

Our Response:
If you feel you have been unfairly treated by the CSA, you can complain, see link here . I hope this helps.
ChildSupportLaws - 26-Nov-15 @ 1:56 PM
My son is now 17 and I received a letter June time advising me that I would start receiving month payments from his biological father. He had not made a payment since my son was 3/4. Which was also dealt with by the CSA so 13 years later they now decide to chase his up. 3 payments were made then on the 4th month no payment received. I have called the csa 4 times now since August to find out when payments will restart only each time to be advised that some one will ring me back. I have just spoke to a very unhelpful man who first asked which ex partner I was calling about ! (I have one child) and then wanted to tell him the last times I had called because on his "system" I had only called once. He advises me that the lying ex yet again (my words not his) claims he has not worked for say company since August ! So when asking about investigating as he is working so they need to find where he is working now I'm told there's nothing else the CSA will do to intervene and that's that ! Rude man unhelpful man no wonder so many men get away with payments the system is a joke and to top it off when the CSA close any money owning as there is arrears aswell will be forgot because I'm sure as hell not going through that payment company and paying a £20 "membership fee".
Thinksimafool - 26-Nov-15 @ 10:33 AM
They are corupte and liars the csa , I made agreement with my ex on csa direct and was told they would not interfere I kept up with payments and all was happy they send letters out saying g you are in areas a agreementis an agreement how can they do this they do more harm than good I hate and wish bad on them they are evil people
chips - 20-Nov-15 @ 8:10 PM
Sheffield - Your Question:
My ex husband has been avoiding payments for a year now even though I have the collection option.I forever get fobbed off and now he owes over £1000 in arrears.I was told that they would get around to my case of arrears as they do them in date order and then give me the option to write them off or claim them.I don't know how many people are in the position to 'write off' a whole year of financial support but I'm certainly not. It's frustrating and disheartening as its a constant struggle for us while he buys himself brand new iPads and iPhones and boasts about new cars and tattoos.

Our Response:
If you are unhappy with the way you have been treated, you can complain via the link here. However, while it is easy enough to get payments and arrears paid from an ex who is in full-time, salaried employment, it becomes tricky when the ex is self-employed and is declaring his own tax. The CSA/CMS are often powerless to pin such parents down as there are so many loopholes in the system that often sees them freely getting away with not supporting their children where they should.
ChildSupportLaws - 19-Nov-15 @ 10:24 AM
My ex is a compulsive liar. He claims at work to be self employed. But never paid tax or ni. As cm now use tax records to work out money where will my son come in line as he will be owing the tax Man a lot of money when they find out that he hasn't paid them.
Makka - 18-Nov-15 @ 5:32 PM
The comments on this page echo my own experiences. The CMS is powerless to investigate self-employed fathers whose declared income does not in any way reflect their standard of living (true income). Even if the marriage has ended due to domestic abuse, the control of payments is given to the abuser if he expresses a preference to do it this way, irrespective of the preferences expressed by his wife.Even if he regularly delays or skips payments in a deliberate ploy to upset or frustrate his wife, CMS will always give him the chance to pay on his terms, and the cycle will continue. Ladies - The people manning the phones at CMS are very nice, but the service is powerless to help you if your ex- is manipulative, lies about his income and is self-employed. Everything will be on his terms and his say so. His material assets and lifestyle will not be taken into account. Nobody will investigate, even if you ask them to. CMS can only cope with honest men in stable employment with PAYE.If your ex- is lying about his ability to pay child support or using his right to choose a voluntary payment scheme purely to upset you, then your only options are to hire a private detective, or to report him to HMRC.
jd - 18-Nov-15 @ 2:18 PM
I am currently owed £11,000 in csa arrears from my ex partner. We have two daughters whom he has taken no responsibility for in the past 13 yrs. I find it a disgrace that he has still not paid anything towards their upbringing nor brought them any bday or Xmas presents. I feel not enough is being done! I'm sure they will catch up with him one day but isn't it a shame that these children aren't getting support while they are young and need it the most.
vonnie - 18-Nov-15 @ 2:07 PM
Sam - Your Question:
I've been separated from my husband for roughly 5 years , he has only paid maintenance towards our daughter maybe 10 times and never the full amount. I've asked the Csa to act on my behalf to get the money towards our daughter but all I ever get back is a letter saying they have spoken to him and he's agreed to make arrangements with myself , he then makes one payment and that's it then the cycle repeats it's self , a court day was set but what the out come was I have no idea ? He works off shore on a oil rig for a Singapore based company so I believe they can't do anything legally to deduct money's owed from his wage ? I've been left with a mortgage to pay and my daughter to solely provide for on part time wages and working tax credits and I'm barely surviving. He on the other hand takes great pleasure in rubbing my face in the fact he goes on holidays 2-3 times a year , drives around in a new car and buys our daughter the occasional gifts ie birthdays and Christmas but doesn't see the fact that the day to day up keep of her is essential , he sees her on a regular basis but never over night so I'm the main carer for her.im really at my wits end with it all and feel like I'm getting nowhere fast - do I just give up and except that there is no light at the end of the tunnel , this has been going on for 5 years it's disgusting how parents are able to get away with out paying anything - not even a gesture of helping with school dinners 10 pound a week , totally shocking and I'm starting to loose all faith in the system.

Our Response:
I am sorry to hear this. You could try The Reciprocal Enforcement of Maintenance Order (REMO) Unit helpline via the link here. I hope this helps.
ChildSupportLaws - 18-Nov-15 @ 1:53 PM
My ex husband has been avoiding payments for a year now even though I have the collection option. I forever get fobbed off and now he owes over £1000 in arrears. I was told that they would get around to my case of arrears as they do them in date order and then give me the option to write them off or claim them...I don't know how many people are in the position to 'write off' a whole year of financial support but I'm certainly not. It's frustrating and disheartening as its a constant struggle for us while he buys himself brand new iPads and iPhones and boasts about new cars and tattoos...
Sheffield - 18-Nov-15 @ 11:09 AM
I've been separated from my husband for roughly 5 years , he has only paid maintenance towards our daughter maybe 10 times and never the full amount . I've asked the Csa to act on my behalf to get the money towards our daughter but all I ever get back is a letter saying they have spoken to him and he's agreed to make arrangements with myself , he then makes one payment and that's it then the cycle repeats it's self , a court day was set but what the out come was I have no idea ? He works off shore on a oil rig for a Singapore based company so I believe they can't do anything legally to deduct money's owed from his wage ? I've been left with a mortgage to pay and my daughter to solely provide for on part time wages and working tax credits and I'm barely surviving . He on the other hand takes great pleasure in rubbing my face in the fact he goes on holidays 2-3 times a year , drives around in a new car and buys our daughter the occasional gifts ie birthdays and Christmas but doesn't see the fact that the day to day up keep of her is essential , he sees her on a regular basis but never over night so I'm the main carer for her .im really at my wits end with it all and feel like I'm getting nowhere fast - do I just give up and except that there is no light at the end of the tunnel , this has been going on for 5 years it's disgusting how parents are able to get away with out paying anything - not even a gesture of helping with school dinners 10 pound a week , totally shocking and I'm starting to loose all faith in the system .
Sam - 17-Nov-15 @ 11:07 PM
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