Child Maintenance Payments: Your Entitlement

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Child Maintenance Payments: Your Entitlement

If you are the parent of a child, or children, and are raising them on your own you are entitled to claim child support payments from the non resident parent. This periodic maintenance payment may be agreed by private arrangement between both parents, but it may also be collected and handled by the Child Maintenance Service, in cases where there is a breakdown of communication between the adults.

Absent parents, who refuse to pay maintenance, can also be traced by the CMS and have an enforcement issued.

Are You Entitled To Claim?

Child maintenance is a regular payment that is paid to parents who live with their children, by the parent who does not live in the same home. This periodic payment is made to assist the parent with care with the rising costs of raising a child. This payment can also be made to another family member or legal guardian if the child lives with them.

Child support is paid to a resident-parent when a couple separate or divorce, or they have children but are not living together. The payment is made to provide financial support and to confirm responsibility for the welfare of the child. These payments also help to minimise the need for other forms of benefit.

How Is Maintenance Calculated?

The CMS work out the payable rate of maintenance by applying one of a number of rates to the absent parent’s income. Income means money earned from employment, tax credits or personal pension. The gross income is then evaluated and a basic, reduced, flat or nil rate is applied. The amount is adjusted according to how many children are involved in the maintenance application.

Child Support Rights Checker

Child Support Rights Checker

Answer a few questions about your situation and get a clear summary of your child maintenance rights and options.

Try our Child Support Rights Checker free, here on this site →

How Much Are You Entitled To?

Child support maintenance payments are calculated by the CMS, after assessing the income and living circumstances of the non resident parent. The amount of maintenance a parent with care will receive is calculated as being 12% of the non-resident parent’s gross income – for the first, or only child. The payable amount of maintenance increases to 16% of net income for two children, and to 19% for three. Children from subsequent families are treated in the same way.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Shared Parenting

If the child stays with the non resident parent for at least one night a week the amount of payable maintenance, given to the parent with care, is reduced accordingly. This situation is called Shared Care, and the amount of maintenance is reduced by one-seventh, for each night of the week that the child stays at the non resident parent’s home.

If care is divided equally between the parents the weekly amount of payable maintenance is halved in two, and reduced again by the required 1/7th.

Flat or Base Rate

If maintenance payments are set at a nil rate, due to the non-resident parent earning less than £7 per week, shared care will mean that the maintenance payable to the parent with care is nothing. If the non-resident parent earns between £7 and £100 or if the non-resident parent is in receipt of benefits, the payments will be £7 per week.

The Next Step

Child Support Rights Checker

Now that you have read through the advice above, you might want to put it into practice. Our Child Support Rights Checker lets you answer a few questions about your situation and get a clear summary of your child maintenance rights and options. Try it now →

Ask Child Support Laws a Question
Jade Sheldon 29/11/2023 at 3:38 am
Hi… I’m a mom of an incredible 11 year old… he’s dad walked out his life when he was 2 months old I haven’t heard a thing from him or his family in 10 years but i need financial help and don’t know how to apply for him to pay child support as it’s been nearly 11 years and I’ve never received a penny off him plus I no nothing about him and I’ve got no idea where he lives work’s phone number nothing…. I need help what do I do
Caldridge 12/06/2023 at 5:05 pm
Hi there.
My daughter is now 16, on the autistic spectrum and will be going into college this year. Her biological father has been absent for 15 years he has never ever seen my daughter since as he abandoned her. He has never paid a penny towards her either. I just want to find out what mine and her rights are with maintenance owed to her. I’ve single handedly raised her, struggled and he has never once attempted to make contact.
Caz 14/05/2021 at 5:04 pm
Hi for the last 16yrs my ex has never paid maintenance, years ago I put a claim in but he kidded on he wasn't working.
He had our son for 6mths 3yrs ago, and had the cheek to claim me for csa.
Can I get backdated 16yrs worth?
Percy 12/04/2021 at 7:15 pm
I was born in 1959 and my father abandoned myself and my mother he has paid absolutely nothing to help support us I now have his name from my care records I was hoping I can get him to pay now but I am not sure if there is a time limit
Mickey 20/03/2021 at 8:08 am
I have given csa my ex partners employment details, his mother's address his national insurance number and they say they can't find him. How is this possible??
Dio5 28/09/2020 at 1:42 pm
I'm paying child maintenance through deo but my 3x does not have custody of kids they have been in foster care for last 10 years am I spose to still pay cm even thou the children are in care of local authority not the parent?
Joolz 20/07/2020 at 11:02 am
My partners ex wife had the kids taken off her and put into foster care because she wouldn't end a relationship with a violent boyfriend and the kids were at risk. My partner is now applying for full custody of the kids but there won't be a decision for 6 weeks. The CSA say we have to keep paying her maintenance even though she hasn't seen the kids for months and now lives 200 miles away with her boyfriend.
Do we have to keep paying her?
Kirst74 02/07/2020 at 9:07 pm
Hi, I have 3 children with my ex they are 14,12 and 8 he refuses to pay anything for the children and I don’t know what he earns so I can’t do a calculation. He has them once a fortnight when he can be bothered and doesn’t buy them any essentials they may need. Can someone advise me please.
Natz 10/06/2020 at 3:37 am
My children’s father is refusing to see children and he has lost his job but it engaged to someone who is working and they live together can I claim from both.
J 17/03/2020 at 11:21 pm
I just received my letter stating my ex only has to pay the flat rate of £7 a week. Yet is part owner in 2 buisness and i know he earns more, whats my next step. Thanks
Ed 28/12/2019 at 1:45 pm
When I was born in 1986, my mother who was ill but undiagnosed, divorced my father who was in the army at the time. My mother married my fathers corporal & 3 years later abandoned me in a house in Harrogate. Social Services too me & my brother into care, 3 years later social services tracked down my father who had re married & refused to take me & my brother on. 23 years later I made contact with my father hoping to begin a relationship, 4 years later out of the blue he decides he doesn't want to be my father, wants nothing to do with me. Is there any law compelling my father who is well off, has a nice house, nice car, nice career to financially support his sons he chose to have nothing to do with? During my time in foster care from age 3 to 18 I suffered abuse from 4 different foster carers which I am now taking action with police & law firm, I have been diagnosed with severe depression, anxiety, panic attacks which I take maximum dosage fluoxetine, antidepressants for. Is there any law, any act which I can sue my father for to provide any financial support to me his son he chose to ignore, abandon, have nothing to do with? As I say he himself re married, has 2 other sons, wonderful house & nice car so he isn't doing badly! I just think it is so unfair, and cruel that I had to suffer whilst he can rebuild his life & not have to take responsibility for his son he chose to abandon, ignore etc.
Daddy/ papa 24/11/2019 at 1:37 pm
I had too take my nine year old daughter away from her mum as she was harming her and kicking her over trivial matters the living conditions were dire as well as she has two other kids from another person and lives in a one bedroom flat with her mother as well the eldest child is 11 and was all sharing a double bed I got the social services involved as the family have been under the eyes of them for some years since I have had my daughter living with me her mother has not even kept In touch and has not turned up too two court hearings saying she cannot get to my location town that is only an hour away by public transportation I have done everything so she can have contact but has refused too even bother too see our daughter and then has the gall too say she is not a bad parent can I have her parental rights removed as I fear for my daughters welfare.
Tabi 17/09/2019 at 8:48 pm
Hi
I am a single parent of three kids age 15, 10 and 11. My ex and I arranged payments without any authorities getting involved. He has been paying maintenance for 6 years. I have children full time where he has them one night over the weekend.
I have recently started a part time job and during a heated conversation he mentioned that he will now claim for maintenance through CSA.
Can he do that ? I earn 1100 after taxes. I am not sure how it works?
Mel 13/09/2019 at 4:03 pm
Hi my ex husband has 3 children with me and is claiming he only works 30 hours a week and he pays £50 for 3 children which just about feeds the dog!!! I’m almost positive he is working much more than that and is being a Scrooge! Yet I’m left to financially support the 3 kids!! What can I do? Does anybody know? He won’t tell me where he works either?
woof 26/08/2019 at 12:09 am
i have been paying my step daughtera chaild maintenance for over 7 years as my husband of which now separated is hopeless with money. now we have separated can i claim this back along side the other debts he has to pay half for.
tha ks
Bob 16/08/2019 at 1:40 pm
when your eldest child goes to university and you stop paying csa do the younger children get more money
Lg 20/07/2019 at 4:05 pm
My son is in the forces and has moved away from his home base, his x is now demanding more money at present for 2 children he has been paying £400 pm for last 3years ,he buys clothing and shoes for both children, using the cms calculator he is paying what he has been
Moo 15/07/2019 at 9:04 am
My daughter bring up her two under five children. Her partner gives her some money when feels like it and she is ‘being nice’ very controlling. Now has refused to pay anything and is on universal credit and struggling. How does she apply to give this money maybe deducted from source or paid directly to her? Who does she contact?
Liv 20/06/2019 at 7:22 pm
Hello I'm just wondering where I stand me and my patner split up he is refusing to give me any money leaving me to struggle
HD 20/06/2019 at 3:07 pm
My ex partner was given a nil rating when he was self employed as he managed to fix it that way by not drawing a high salary from the business. He lost the business in January and since late February he is now employed by a brewery owned pub working as a head chef.
He did not declare this to the CMS, so I did, as I feel strongly that it is just as much his responsibility to financial support our son throughout.
I received a recalculation for my son's case this morning and it is still nil rating as my ex has supplied evidence. How can this be??? He will do all he can not to pay! Any advice or information would be greatly appreciated.
Am1994 17/06/2019 at 8:56 am
Hi, just some help please. My 1 year old son and I split the child arrangements between us so it is 50% 50%. I earn £900 after tax and he earns £1,700 after tax. He refuses to pay and child support but earns double the amount I do, is he entitled to pay or not because we share our son equally? Thank you
steve 08/05/2019 at 12:07 pm
My daughter is separated and has a child with Autism. to what age will she legally be entitled to receive support from her ex?
Shafted every time 02/05/2019 at 11:37 pm
I have an estranged daughter, who turns 18 next year. I have no contact with her. Her mum has put her against me. I have been paying maintenance religiously every month fo 15 years, never missed a payment. When she turns 18,how do I stop paying maintenance? As I have no idea if she goes to collage, working, everything is set up with rights for the mum, but what about us dads who have lost contact through no fault of theirs! The mum will try any trick in the book to keep me paying!!! Who protects us???
chazza 02/05/2019 at 3:28 pm
hi do i still have to pay csa for my son if hes 16 years old dosent go to school or college and he claims a benefit .
Amylou 28/04/2019 at 6:18 pm
My ex won’t pay for our 2 daughters, when I said I’d contact child maintenance he says carry on, as he works for cash in hand so I won’t get a penny! Is there anything I can do to get maintenance? Tia x
Redstar82 25/04/2019 at 8:34 pm
My son is 18 works full time and is in college full time and I pay csa to his father but he is moving to his own flat. Do i still pay? Tia
Kir 23/04/2019 at 11:17 pm
Hi there, my ex has been paying me £50 a week for both children for the past 6 year, I've never been able to have his pay digits as he says none of my business so how do I know I'm getting the correct amount for the children? X
Sd1972 17/04/2019 at 7:45 pm
I have brought up my step daughter for over 10 years. Her father has 2 houses, is self employed, and has at least 2 holidays a year. As I write this, he is on his annual jaunt to America for a month. I know he owns 2 properties he rents out, and has a good income from buying and selling at furniture auctions. He has, with the help of his accountant , been able to show that his weekly income BEFORE tax etc is £46, meaning I've brought his daughter up with £7pw help from him. Can I sue him for back payment? Surely someone could serve him notice as he returns to the UK?
Jane 15/04/2019 at 5:01 pm
My ex partner and I have a 12 year old son, He hasn’t given me any money for over 3 years! As he has been mental unstable.

But now he’s on universal credit ! Can I clam something for our son from him!!’ If I did, would it effect my child benefit?

I work part time and I am a home owner
Lou 05/04/2019 at 8:56 pm
My partner pays csa to his ex . He was out of work for a while so now goes money they are asking for three hundred a week which does not earn we are on a joint benefit claim can they take it out of my benefits
Bronson666 28/03/2019 at 3:33 pm
Hi I have parental responsibility of my daughter. And she stays at her mother's house 3 nights a week but she only has her 1 full day witch is a Sunday as she gose to school. And I supply clothes to go her mum's and I buy all the school uniform. Ect. Am I entitled to ask for some maintenance off her mum
Jobey1kenobey 24/03/2019 at 8:32 am
I work 18 hours recently split with the dad of my 2 children and now in receipt of universal credit, what i want to know it will i recieve full amount of child support off father i was told years ago unless you did 30 hours wouldnt recieve full amount as benifits take it
Tg 16/03/2019 at 11:34 am
Meant to say that he is self employed and is basically lying to his accountant or getting his accountant to lie n fiddle his papers. He's also a taxi driver n works way over the legal hours hes supposed to. Also in my last message I put "can he do anything about this, but I meant to put can I do anything about this. Thanks.
Tg 16/03/2019 at 11:29 am
Hi, just wanted some advice. My ex is basically lying to child maintenance about his earnings so he pays as little as poss, he never has my Son, n when he does it's like once a month for a few hours, hes always going to Nigeria 4 a couple of months at a time, he has a mortgage on quite a nice estate which are also new builds, and he runs 2 cars, and child maintenance say he only has 2 pay 7 quid a wk!!! Hes always lied about his earnings and how many hours he works. Can he do anything about this and how do I go about proving it? Thanks you're help would b much appreciated. ????
Sueboo 22/02/2019 at 1:31 pm
My husband and i separated in ictober last year, we have 2 children, Joanna is 13 years old and lives with her father,( my ex) and Jamie is 10 years old and lives with me, he has ADHD and ASD, I receive DLA for him and universal credit, my ex works approximately 40 hours per week and I work 16 hours per week, can I claim child maintenance from him and him from me thanks
Kylie 18/02/2019 at 11:20 pm
Hiya me and my children's dad is breaking up, he says he won't have to pay csa coz we weren't married but he's the dad to my 3 children and his name is on all 3 birth certificates and he's on benefits
Dizzy 12/10/2018 at 11:41 pm
My daughter passed away 6 years ago leaving her 5 year old son. He came to live with me,his nanny and grandad as his dad had not seen him for three years. We managed to contact him but he had another family and was not interested although he said he would keep in contact. His circumstances changed and he left his fam8ly to move across from us. He didn’t interact with my grandson although they did have an annual day out. He pays £70 a month but misses mon5hs when suits and does not ever contribute to any other things even though we once asked to no avail. His girlfriend has now caused some bad feelings and the dad has said he does not have to pay as he was told this. My grandson does not want to live with him I get his child benefit and have always looked after him since the moment he was born and he has never lived with his dad. He is now refusing to pay anything at all, where do I stand?
Eos 08/10/2018 at 11:16 am
Me and my ex partner weren't married, we have one child of almost 2 yrs. How can I refuse and return all payments he did and the child will stay living with me. What should I iniciate? The father earlier had drinking binges and was homeless because of this. Thanks for answer
Jonsey 03/10/2018 at 9:59 pm
My ex partner pays child support to me and to his other ex but has recently got back with his ex partner should she be taken off the csa now as they are back together?
Steve 27/09/2018 at 10:52 pm
My Daughter lives with me, but I am not her biological father, Her mother has informed him (He pays CMS to the mother) of the fact she no longer lives there. I had asked for any CMS payments to go directly into my Daughters account. My concern is that he will no longer have/want to pay towards his Daughter and as I not a biological parent am I able to claim it for her?
welshgirl 26/09/2018 at 8:01 pm
Hi,
I am divorcing my husband and currently forced to co-habit in our home. He refuses to sell or buy me out. Its 10 months since we separated and he hasn't contributed to any child related costs since then (food, clothes, medication etc). We share mortgage and most of the bills however he is slowly paying less and less towards these. I am in financial problems now and its effecting the children ability to socialize and attend events and even normal dietary requirements. He earns about 57K a year and earnt over 20K worth of bonus' this year already. We have done mediation and are currently going through a financial disclosure process but 2nd hearing is 4 month away. I have contacted CMS and as there has been domestic abuse since the split they said I probably would have fees waivered but my problem is Can I make an application whilst we still cohabit. We live seperate lives and dont even speak unless we have to. He doesnt do any house work,maintenance or shopping. He takes care of kids 2 days(1night) and one day on the weekends but constantly asks me to cover so he can be away.
Can I make an application?? 2 children (5 and 1yrs old)
ChildSupportLaws Editor 13/09/2018 at 11:28 am
If your child's father is in receipt of benefits, then you would be eligible to claim £7 per week. You can see more via which
Loubs 12/09/2018 at 5:32 pm
Hi my baby dad walked out over 18month ago hes not contributed a penny towards him he hasnt even seen him hes alcohol dependant amd affords too drink hes on benefits and is far from sick what are my rights regarding money towards our son
S 10/09/2018 at 3:13 pm
I have been paying child support, initially through CSA and for the last two years as a direct payment agreed by the CSA, I have never missed a payment ever and even continued while I was out of work. My son went in to full time education at 16 on a 2 year course, he dropped out after about 5 months but my ex wife got him to lie to me for the past 19 months that he was still at college so I would continue to pay. Do I have any grounds to claim over £10,000 back as surely this is immoral (my son was put in a very awkward position and should of told me) as well as fraudulent. Please advise.
ChildSupportLaws Editor 04/09/2018 at 1:43 pm
Only if the other parent agrees as part of a family-based child maintenance arrangement.
pj 29/08/2018 at 8:12 pm
Under Scot's Law can my son pay child maintenance directly to his 16 year old child?
Concerned wife to be 27/08/2018 at 8:32 am
I am about to get married to a lovely man. He has a 10 year old son who we have stay every weekend, he pays his child maintenance religiously never failing. His ex partner is now threatening that when we marry she can have part of my income taken from me as well to pay for her son. Is this correct? I was always under the impression that only biological parents have to contribute to their child.
Em 20/08/2018 at 2:33 pm
Hi, I just wanted to ask, I have 2 children with my ex. They live with me and I care for all their needs. My ex has since had another child and is claiming to be paying child maintenance for that child as though he is living separately from the mother. They are married and are living together. What can I do please?
Jane Jones 18/08/2018 at 1:23 am
I need to get together with you because I've got exactly the same problem. I want to know what the law is now to retrieve money I know I'm due regarding bringing up 2 little girls on my own with no money from my ex-husband. Now he's got money and he's in denial
SammieC 17/08/2018 at 6:23 pm
My ex is due to inherit a large sum can do I get him to pay his arrears for child maintenance and could I ask for a lump sum instead of monthly payments?
ChildSupportLaws Editor 07/08/2018 at 9:45 am
Only your partner's earnings will be taken into account, not yours. You will not be held responsible by CMS for paying child maintenance to his children.
boodles 06/08/2018 at 11:03 am
Hi,
My partner pays voluntary child maintenance through a private agreement. He is self employed and because his business is in its infancy, he earns very little. I, on the other hand am a homeowner and earn a reasonable wage. His ex is now claiming that because he is living with me that he should pay more child maintenance because my earnings should be taken into account. I'm almost 100% certain that this is not correct but could you please clarify?
ChildSupportLaws Editor 02/08/2018 at 2:04 pm
The person who recieves child benefit is considered the primary carer. If you are in receipt of child benefit, then your ex cannot request child maintenance and you can request child maintenance from her. If your ex is still in receipt for child benefit and she applies to CMS, then you would have to prove that your son resides with you. In order to be officially considered the primary carer then you should ensure that child benefit is paid directly to you.
Bert 31/07/2018 at 10:30 pm
Hi,
My son and I moved out of our family home and have lived together for a number of months, after we gave him the choice of who he wanted to be with. He resides with me, but sees his mother every other weekend and a night during the week. I don't ask her for anything, but Is she entitled to any maintainance? He lives with me, but I wanted to check.
ChildSupportLaws Editor 27/07/2018 at 3:02 pm
When your child leaves approved education or training, payments should officially stop at the end of February, 31 May, 31 August or 30 November (whichever comes first). If the father is paying via CMS, then CMS will collect arrears as the father should keep paying while you are in receipt of child benefit. However, if you have a family-based child maintenance arrangement it will be more difficult to enforce as family-based arrangements are mutually decided. In order to enforce the claim, you may have to take the matter to court. In the meantime, a solicitor's letter stating your rights may work.
Frustrated Mum 25/07/2018 at 10:39 pm
My son is 19 and he has just finished full time college(NVQ Level 2 ) and i will still receive child benefit until the end of August 2018. His father stopped paying maintenance 2 weeks ago as his wife said he shouldn't pay now and i was under the impression as long as i got child benefit i should get maintenance.

Am i wrong? and if i am right please can you direct me to the information to send to him to resume his payments for the next 5 weeks.

I am so frustrated as he didn't have the decency to tell me he just stopped and my son has secured himself a job and i have had to pay for a full business dress wardrobe and it is not cheap and his father wouldn't contribute.

Thank you all for your help

Louise
ChildSupportLaws Editor 23/07/2018 at 10:22 am
Children or youths cannot claim child maintenance, only parents can.
Minime 22/07/2018 at 11:21 am
My daughter is 16 her father is in the army never paid maintenance for her in 15 years can my daughter claim it of him
ChildSupportLaws Editor 28/06/2018 at 9:45 am
You cannot claim child maintenance owed to you from his estate. You can see more via the link here regarding who can claim if there is no will.
Itsme 27/06/2018 at 2:58 pm
My 30 year old daughter's father never paid child maintenance even though he's on her birth certificate. When she reached 16 he did want to know her but she refused. He has recently died and left no will. Question is can I claim child maintenance owed to me from his estate ?
ChildSupportLaws Editor 21/06/2018 at 9:55 am
Much depends upon whether you ex receives child benefit. Once child benefit stops, then so should child maintenance payments
Tomo 20/06/2018 at 3:42 pm
My son has now got engaged to his girlfriend of 7 months (she has 2 small children) and has moved out of my ex-wife’s. He goes to collage 2 days a week (full time) I’m told I have to continue to pay the ex-wife until he is 21 or starts full time employment lasting at least 4 weeks. He is 18 years old. Surely this is wrong paying the ex when my son no longer lives there. Please advise.
ChildSupportLaws Editor 21/05/2018 at 12:07 pm
You can see how child maintenance is paid via whichUnless you have a family-based agreement whereby you agree to a shared-care arrangement, then you are entitled to apply for child maintenance.
Mel 20/05/2018 at 9:36 pm
My sons dad has not paid a penny in 3 years my son is 6, he informs me that because he now has him 8 nights a month (split over the month) he has 50/50 rights and owes me nothing is this correct ?? Any advice would be great
MaTT Editor 17/05/2018 at 2:18 pm
@nicknack - but your husband isn't supporting his new partner's son financially. Other children are only taken into consideration if they are biologically his. So his child maintenance to you for his kids should not differ.
nicknack 15/05/2018 at 6:49 pm
My husband has been paying maintenance to me every month for the last 4 years since we split, no problem... but he has today informed me that the monthly payments will now go down as he has now moved in with his girlfriend and her 12 year old son.

We agreed the maintenance payment amount between ourselves but based on the csa calculator. When I said that this deduction cannot be correct, he said this deduction is correct based on what the csa/cms website says.

Please advise
ChildSupportLaws Editor 11/05/2018 at 3:50 pm
You cannot apply for retrospective child maintenance. You can only claim for child maintenance from the time you first registered your claim. If you never registered one - then you cannot register a claim now.
Meljon01 11/05/2018 at 8:25 am
I was wondering my daughter is now 28 and I have never received a penny from her astranged father I also had my sisters children living with me by order of the Courts as she passed away and never received anything from their astranged fathers, one is now 25 the other 20 can I claim from them now ??? only the 20 yr old stayed at her dads 1 night a week every other week but only for a yr if that as he got married and decided he didn’t want to see her again she was 3yrs old, I have been told that I can make a claim but need it clarified thank you in advance .
ChildSupportLaws Editor 12/04/2018 at 2:29 pm
Your comment is very confusing and it seems you are confusing child maintenance with child access and unauthorised money given to your ex and daughter as child maintenance. Unless you can prove your ex made fraudulent claims, then there is little you can do. If you paid child maintenance in cash, then you cannot prove you paid, so there is little you can do. If you gave your ex a car does not mean CMS will stop asking for payments once a claim has been registered. CMS always assess on a retrospective income, so that they can assess payments fully from a year previously. It seems that you are attempting to fight a system that has a strict code of how child maintenance is paid and who pays it. You can see how child maintenance is worked out, , which is straightforward. With regards to your court case, the court is not interested in which parent is to blame. The court is only interested in the welfare of your child and will act only upon what is in her best interests. You may wish to join the Separated Dads forum if you need more advice, as many of our dads have been through similar circumstances.
ChildSupportLaws Editor 12/04/2018 at 11:41 am
Both child access and child maintenance are two completely different issues and are not dependent upon each other. Child maintenance by law has to be paid to the resident parent or guardian to help support their child's day-to-day needs whether the non-resident parent sees the child or not. Child maintenance is also calculated on the amount your boyfriend earns in income and pays in tax. These figures are given to CMS via HMRC to assess, not via the child's parents/guardian. As a rule, paying-parents usually pay 12% of their gross earnings, unless they are subjected to arrears when CMS can take up to 40%. If your boyfriend wishes to see his daughter more and the child's official guardian refuses, then court is the only route he can take. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. If your boyfriend refuses to pay child maintenance, he will be subjected to arrears.
Anton 11/04/2018 at 8:08 pm
My ex wife initiated a claim, over 3 years ago, stating she received no mo eye for outlet child and that I was an absent parent.
An assesment was made and first 2 months salary completed wiped out, so began a process of proving my child stayed 125 nights a year, she had been receiving money (I mistakenly gave her cash first 3 months).

Once evidence was provided, payments reduced, nothing happened to my ex wife for all of her fraudulent claims.

Well it began again 3 years later, just after receiving a car with her thanks and assurance no maintenance was needed.
I am regularly told to STOP buying my daughter things.

Well yet again the new claim as the agency call it requires proof I see the child, they have been told I don’t!
Even though they have the child court order on their records.
I am now being told I will need a solicitor letter stating I am seeing my daughter, I have been off work for 3 years after a bad accident at work.
Receiving invalid payments. This all ignored by the agency instead stating that my last income 2015/2016 is the basis for the assesment when I was earning good money.

They have now ignored everything said, frozen a savings account, causing normal account to go overdrawn incurring fees.

I wish to take formal action against my ex for the second chain of lies/perjury to these, with the sole intention of causing me as much trouble as possible.

This after sending messages saying she wants peace and harmony for our child.

Whilst i am in the courts accused of abusing our daughter.
Domestic violence
Absolutely everything she says, it’s treated as fact.
The stress is overpowering and effecting all aspects of my life.

What can I do

Does anyone have any advice, and not bitter exes saying get your own back etc.
I mean a legal action both with Child maintenance
And the perjury committed in courts

I have all the proof showing this.

I don’t have funds for legal advice I am self representing at the final hearing in June.

The agency have clearly informed me that they have been told by my ex that I am not seeing the child.

Can I request they provide that in writing then contact the police.


Non of this is ideal but the only
Measure I believe will
Make it clear is if she is held accountable for her actions.
Like anyone should be
Sam 11/04/2018 at 9:43 am
My boyfriend see’s his daughter at a contact centre for 2 hours a fornight, the child doesn’t live with her mother but instead with her grandmother. My boyfriend always asks to have the child at home or for more than just 2 hours, but the grandmother refuses, so we are going through the legal route. He is being made to pay £200 a month although he only makes £445 a month meaning they have told child maintenance that he earns much more. Is there anything he can do to either hurry up the court process or make child maintenance take a step back and see he shouldn’t be paying £200 to see her for 2 hours every 2 weeks...
ChildSupportLaws Editor 10/04/2018 at 3:48 pm
If your child's mother is still eligible to receive child benefit for your child, then you would still have to pay child maintenance.
Steve 10/04/2018 at 1:00 pm
Hi I was just seeing where I stand if the child your paying for is 16 years old and refuses to go to school do I still have to pay. well he’s not gone to school for the last 5 years
ChildSupportLaws Editor 03/04/2018 at 12:40 pm
Child maintenance is not about 'wealth' it is about earnings and income tax paid through HMRC. So, having inherited a house doesn't mean you can claim from your ex's estate - unless your ex has child maintenance arrears he owes or earns a taxable income from it.
Jo 02/04/2018 at 2:44 am
Hi, my ex just inherited a property worth £400k, no mortgage basically his father died and he is the only child, does his payments now change I assume? He is also claiming self employed at the very lowest amount!!!
Now having a property of that value must make his payments change I assume because his wealth has gone up considerably!!!
ChildSupportLaws Editor 29/03/2018 at 12:08 pm
You would have to challenge this directly through CSA/CMS.
Laura 28/03/2018 at 6:47 am
Hi my child's father has contacted the CSA to state he has my daughter more nights than he does so his monthly payments come down. Is there anything I can do about this as this agreement has been made my ourselves with nothing in writing?
Thanks
NICKNAME1 06/03/2018 at 1:05 pm
Hi, i have a five year old who stays with me four nights a week on average, sometimes more, and the odd occasion if working away, a night or two less.
I receive child and working tax credits for the government and work 5 days a week for just above min. national wage.

My ex partner pays, at the most, half of after school care because he prefers to do that than pay me anything.
I just want to know if I am entitled to any back pay from him for the last 5 years? i don't want the hassle to be honest, he can be very manipulative but i just want to know where i stand as he has threatened me with going for full custody if i apply for back pay. He tells the tax people he is self employed so he will pay the minimum amount of tax and makes cash money on the side that he doesn't declare.
ChildSupportLaws Editor 23/02/2018 at 10:43 am
You don't say why the CSA/CMS cannot extract the money from your ex, so it makes it difficult to answer your question. Much depends whether you were registered with the CSA when you first claimed. However, if CSA could not extract the money from your ex, it would have to be a matter for the courts. If you approach the courts, then you would have to be sure you had a strong case. In which case, you would have to seek legal advice.
Kels 22/02/2018 at 2:40 pm
Hi my ex has only been paying maintenance for the last couple of years but has got away with not paying for 13years before that, am I legally able to do anything about that? Also since the csa changed to the child maintenance service I have only received 3 payments since I set my case up 8 months ago, a service that we now have to pay for!
ChildSupportLaws Editor 22/02/2018 at 2:05 pm
CMS work on the amount of tax paid via HMRC in order to work out what a paying parent should be contributing. If your son's dad is apying tax, then CMS will do all it can to organise payment of child maintenance. If your ex is not paying tax, unfortunately there is little CMS can do.
ChildSupportLaws Editor 22/02/2018 at 11:07 am
If your ex receives child benefit, then she is considered the primary carer and by law able to claim child maintenance. However, if you have 50/50 shared care, then you may wish to speak to CMS directly regarding this matter. Much depends upon how many nights you have your child over, , which will tell you more how child maintenance is worked out.
YAN 21/02/2018 at 8:47 am
hi.
please advise.
i have been separated from my wife, but still married, for 15 years. we have a 15 year old son.
he spends 50% of the time with me and 50% with her. she claims his child allowance from the gov.
she earns considerably more money than i do (double, is on over 60k a year).
i pay her £ 300 per month child care. is this correct? should it be less or should she be paying me child care?

many Thanks
Yan
ChildSupportLaws Editor 20/02/2018 at 3:11 pm
If your ex is in agreement, then child maintenance can go to your eldest child. However, if CMS are taking the money directly, then you would have approach CMS to see whether this is possible.
Marie 20/02/2018 at 1:34 pm
My two sons dad hasn’t paid for them for around 7 years. He has always worked as a barber in the same place but I’m not sure if he declared. The government funded his now girlfriend to have IVF. They live together not sure again whether he is down as living there also. How much can/will the CSA help me in getting maintenance for my children?
ChildSupportLaws Editor 20/02/2018 at 11:59 am
Every parent has the basic responsibility to provide for their children up until the age of 16, when they are legally allowed to leave school and get a job. After this age, it depends what your children choose to do. If they continue in full-time non-advanced education, not higher than A-level equivalent, for at least 12 hours a week, then your ex's maintenance payments will continue until your children finish the course or until they turn 20. Child maintenance payments fall in line with child benefit payments, when eligibility to claim child benefit stops, so do child maintenance payments
ChildSupportLaws Editor 20/02/2018 at 11:23 am
It is always difficult to advise when a question doesn't hint at the reasons why CMS is unable to enforce payment. If your ex is not paying child maintenance and you can prove he is earning £38,000 per year and his lifestyle exceeds the amount he is declaring, then court may be an option. You would have to have a good case, as it could end up costing you if your ex can prove he is only earning a limited amount and his accounts and lifestyle match his declared income. Child maintenance is payable from taxable earnings only, not assets. So, if you cannot agree with would ex regarding the house, then you would have to either suggest mediation to your ex, or take the matter to court.
Jlea86 19/02/2018 at 6:34 pm
Hello, my ex hasn't paid child maintenance for 4 years. He earns £38,000 per year. I live in the house that we bought together 8 years ago. He hasn't paid anything towards the mortgage since he moved out in 2011. He always seems to get out of paying maintenance no matter how many times I go down the CSA/CMS route. I think it is absolutely disgusting that he has been able to get away with it for so long. He tried last year to force me to sell the house so that he could recieve half if the equity. I feel that I may never receive any financial support from this "man". Is there any possible route I can go down to get him off the mortgage for his past/present/future maintenance payments? I'm praying that there is a way, he has got away with this for far too long!
Thank you.
Kath 19/02/2018 at 9:54 am
My boy is 18 and girl 17 yesterday, both in further education, father says he doesn’t have to pay any more csa, is that correct
Nibs18 16/02/2018 at 6:05 pm
My ex has moved out and left my eldest son in the care of his sister. He is 17 and goes to college. Can i pay maintenance direct to him as surely its for his needs anyway?
ChildSupportLaws Editor 16/02/2018 at 1:50 pm
If your ex does not pay income tax via HMRC, then it is tricky for CMS or the courts to make him pay if his income isn't registered, as there is no specific income that CMS can assess. Child maintenance is based upon taxable income registered via HMRC. Your only recourse would be to report him for tax evasion, While this doesn't solve your problem regarding child maintenance payments to you, it would draw attention of the authorities that he was avoiding paying tax.
ChildSupportLaws Editor 16/02/2018 at 10:00 am
Firstly, child maintenance and child access are two separate issues and a court will not condone you denying access of your child to the other parent for financial reasons (i.e using your child as a financial weapon). Therefore, dependent upon the circumstances ( and if your ex to date has had regular access) it is likely a court order would be put in place that renews your ex's access. You would then be obliged to keep to this arrangement by the order of the court. Unless you can prove your ex does not declare his earnings and that his bank account or lifestyle is inconsistent with his declared earnings, then you are on tricky ground. Mediation might be a way forward
ChildSupportLaws Editor 15/02/2018 at 12:31 pm
You don't say why your step-son's mum didn't pay child maintenance. If it was because she was classed as not being not eligible (i.e not earning) then you would not be entitled to claim. However, if you registered a claim with CSA/CMS and she is in arrears on that claim, then you would be entitled to continue trying to reclaim this money. If you never registered a claim with CSA/CMS, then you would not be able to make a backdated claim. The two issues (the mother's claim and your husband's) are completely separate issues and separate cases and should be viewed as such.
Hln 15/02/2018 at 9:24 am
My ex partner is self employed and does not declare what he earns. He is refusing to pay any maintenance to wards our daughter and with this I have stopped contact. He won’t agree to anything so it looks like we are going to court. Can anyone give me any advice or been in a similar situation? He says he will pay what the courts say (which will probably be about £5 per week!) not worth going to court for!! Do I have to agree with this or can I appeal? Thanks
Cbetts 13/02/2018 at 9:06 pm
Hi,
My ex has a business and it isn’t registered. He brings jobs in all the time so has quiet a bit of money. I can prove that he works, but I don’t know where he is to be contacted apart from a mobile number. Can he be found and made to pay child maintenance?
jacketpots 13/02/2018 at 7:40 pm
Hi, my step son lived with us for nearly 3 years before moving to a friends house after falling out with his dad. His mom who he doesnt live with is now claiming csa from us even though she refused to pay and csa to us while he lived with us. Is there anything we can do? Can we claim back dated csa from her?
ChildSupportLaws Editor 12/02/2018 at 2:22 pm
Every biological non-resident parent by law has to pay child maintenance to help with the day-to-day upkeep of their child. If your ex refuses to pay via a family-based child maintenance arrangement, then you can get in touch with Child Maintenance Options via which
ChildSupportLaws Editor 12/02/2018 at 11:27 am
You can see more via whichwhich will explain all you need to know.
Balloons 12/02/2018 at 11:06 am
Hi, my baby’s Dad works full time, earns a very good wage and doesn’t pay anything towards his sons upkeep. (Says he doesn’t have to?) He has our son the odd night or 2 every couple of weeks. He needs to pay how do I sort this ongoing problem out my son is 15 months and I’ve never had weekly upkeep. Many thanks.
Bubbles 11/02/2018 at 4:27 pm
Hello my ex doesn’t work He gets benefits not sure how much just know it’s less than £300 month However he lives at home with his mum so doesn’t have house bills to pay like mortgage, gas, electric, insurance, food etc so am I entitled to any maintenance or not?
Jane 09/02/2018 at 10:05 pm
I have a 16 yr old staying with me as she had no were to go .
Her mother and her dont have a good relationship and she left as her mother got physically abusive .
I jave asked her mother for contribution whilst she here and ahe refuses.
I have now filled a form and awaiting child benefit . I was wondering if i am entitled to claim cms from her mother (who is still recieving the child benefit and child tax credits ) 16yr old is in full time education and her father and rest of the family are not in her life .
ChildSupportLaws Editor 09/02/2018 at 9:43 am
You can see via whichhow the paying parent's income is reduced if they are also paying for children from a different relationship. CMS Options can also answer this question
A Kane 08/02/2018 at 11:54 am
My ex boyfriend has a child with his ex girlfriend, and they are no longer together, if I claim too, will I get roughly half of what she gets? Or am I entitled to less due to the fact my child was born after hers?
ChildSupportLaws Editor 06/02/2018 at 11:52 am
This is not true. If your partner is paying child maintenance to his ex, then he will continue to do so, out of his earnings. Your earnings will not be factored in. You are not deemed responsible to help pay towards your future husband's child.
Zo-s 05/02/2018 at 8:16 pm
Hi, my partner has a little boy with his ex girlfriend and me and my partner are engaged and planning our wedding however someone has told me that once me and partner are married the ex girlfriend will be intitiled to 20% of my earnings is this true does anyone know? Thanks in advance
Ss8585 28/01/2018 at 10:49 pm
Hello my ex left me alone with our 2 year old. He gets 2000 a month before deductions but minus pension. He then pays 238 a month to his ex for his other two but has them sleep every other weekend for 2 nights. What am I entitled to having our 2 year old. He never has her to sleep only sees her once a week for 8 hours.
Lilmoomoo5 28/01/2018 at 9:54 pm
Hello,
My baby’s dad is at uni but he also works in between, he has baby every other weekend through force because he threatened me with court. He doesn’t pay he never does to be honest he couldn’t care less it’s more his mum that’s wants to see our baby. But surely if he can afford to get drunk & buy new things with his student finance he should be able to pay for his child because after all it takes two to tango!
ChildSupportLaws Editor 26/01/2018 at 2:56 pm
Much depends upon whether you and your ex can negotiate this mutually. If he agrees, then you can come to a family-based child maintenance arrangement. If he doesn't, then there is little you can do to force the issue and you would have to continue to pay your ex.
Kaz 26/01/2018 at 9:06 am
Hi - I left my husband last year and have always paid a standing order to contribute towards my now 16 year old daughter who has stayed in the family home with him. The question I have is, as a mother who is only on £17k compared to his £45k do I have to pay each month or could I just treat my daughter or buy her things as and when I see her?
OllieP Editor 19/01/2018 at 2:05 pm
@Katiemay - CMS will normally take your word for it - rather than your ex's.
Katiemay 18/01/2018 at 5:49 pm
My husband of 17 years walked out on me and 5 kids I tried to make an arrangement with him but did t work so I contacted child maintenance. He is not happy about it and going to tell them he has them 3 nights a week when he doesn't the kids don't want to stay with him overnight will he get away with lying.
ChildSupportLaws Editor 12/01/2018 at 2:10 pm
Once child benefit stops, so will child maintenance payments, you can see more via whichwhich will explain all you need to know.
Robert 12/01/2018 at 11:35 am
Hi guys,

I'm thinking of gaining equal shared custardy of my 4 yr old daughter (agreed already by mother). I currently work full time (40 hrs) I am looking to have her 3 nights per week (3.5 days) I am thinking if I go part time in order to do this, can I claim any benefits that could make up the shortfall? I.e child/working tax credits.
Sand 11/01/2018 at 11:36 pm
Son has turned 18. He is on an apprentiship and being paid. Do i still have to pay CMS
ChildSupportLaws Editor 11/01/2018 at 10:48 am
In this case, you may wish to give CMS Options a ring directly, as information is free.
chez24 10/01/2018 at 12:38 pm
Hello I have 2 children nearly 16 (D) 13 (S) my Son stays with his Dad 2-3 nights per week. However my Daughter never stays & hasn't done for about 18 months.
My question is when working out maintenance in the section on the Government website (on average how many nights a year do the Children stay over with you?) My ex is basing it on 2-3 nights.
My question is should it be 1-2 nights as he is only having one our children?
May be a silly question but we are near the end of our divorce & I require clarification.
Thanking you in advance
Bee1803 24/12/2017 at 8:25 pm
Hi. I'm 17, and my sons 2 months old.
His father is on his birth certificate but pays nothing for him, he's visited my home 2/3 times since he's been born to see him. But doesn't take him from my home and doesn't have him over night. He's 18 and working full time. His family are all convinced he doesn't have to pay child maintenance?
Should I be able to claim child maintenance if I ring csa and once I've rang them could he still refuse to pay?
Mike 13/12/2017 at 6:16 pm
Hi
I have paid maintenance for my three kids for some 15 years. In April this year the service changed to the CMS. Given my daughter was 18 in May and there was only four months left before Sept; coupled with the fact that my daughter stayed with me more often than not than her mother, her mother filled in a new application to the CMS.

After months of providing evidence, I have been told there is no dispute over 50/50 shared care. But they will not change things that I have shared day to day care. They say only one parent can have this; and I didn't apply to change child benefit (although have subsequently applied). As there was no Court Order relating to the case defining child care (we have an informal agreement 15 years ago that worked well), the CMS has told me that there IS NO EVIDENCE THAT I CAN ACTUALLY PROVIDE to prove my daughter has been living with me. I provided a diary, receipts , mobile phone bills, healthcare bills, horse maintenance bills; but still they will not concede that a have equal day to day parental care. Is this right? I have asked for all transcripts as they have lied to me frequently about the process and facts. I have also got my local MP involved as it simply is not right. The process has gone through two mandatory reconsiderations (as the first one they admitted errors and evidence not looked at). Now I am told that a Tribunal is my only route forward.

Questions:

1) Is this right? I've been told there was nothing I can provide to demonstrate that my daughter lived with me more than her mother since April. Her mother has since moved away with a new family and I maintained her only bedroom. She lives with me full time now along with my other two older kids.

2) How do I start the Tribunal Appeal. The CMS decision letter talks about a 'Pack' but I can't find anywhere what the first stage is.

Thanks for your help.

Mike
Jim 08/12/2017 at 4:53 pm
I currently have shared care of my two children, who stay with me 3 nights /4days per week and with my ex 4 nighrs during term time . All holidays throughout the year are shared evenly. We each have possessions /clothes at individual houses . But she put a claim into cms and I now have to pay for this one night difference . I was awarded child benefit for 1 child given the shared care arrangements in place. Do I still need to pay maintenance for the child I claim child benefit for .
AndyW 07/12/2017 at 7:17 pm
Hi, me and my ex are still living together in my house. I pay all the monthly household bills, mortgage, gas, electric, Council Tax, TV licence etc, she doesn't pay one penny towards them. She is now saying she wants me to pay her maintenance for our 3 year old son until we eventually live apart, is she entitled to it?
TaB Editor 08/12/2017 at 11:09 am
@Cin - it depends what income is coming into the house. If one parent has an income and the other one doesn't for instance, then the parent with the income may have to pay child maintenance.
Cin 07/12/2017 at 12:18 pm
My sons ex is raising their 4 year old and my son is raising their 10 year old they each have custody of 1 child full time is it right that my son is paying the mother csa but she pays nothing for the 10 year old
ChildSupportLaws Editor 01/12/2017 at 2:10 pm
There is little advice to give here, as much depends upon the final decision of the courts. Each case is individual (and this is quite an unusual arrangement) and therefore is treated so. However, if the children do not live with their mother, it stands to reason she should still pay the amount allocated via CMS due to the fact she is classed as the non-resident parent.
ChildSupportLaws Editor 01/12/2017 at 11:41 am
Unless your ex is paying tax via HMRC, there is really little you/CMS can do in this resepct. Even if he is earning, it may be difficult for a court to prove and then get money from him, especially if he is being paid in cash. Likewise, proving that he is not working on some unpaid project etc, may be quite difficult if you have nothing to do with him. In order to take the matter further (i.e in court), then you would have to be able to prove that his lifestyle, assets, bank accounts and possessions are inconsistent with someone earning no money. In which case the courts would look at his accounts in depth. However, if you cannot prove this, you may be the one who would have to foot the court and legal representation costs.
Stressed2017 01/12/2017 at 9:04 am
My husband is due in court next week because the 'mother' of his two children refuses to pay maintenance for them, & is taking child maintenance to court. She has paid £450 in 14 months instead of the £297 per month CSA awarded my husband. She has joint custody but never sees her son & only visits the Daughter as/when (usually at two/three monthly intervals) His ex is claiming that she shouldn't have to pay for both the children as my husband lives part time with one of the children. This is because his son & daughter go to schools in two different areas & it's not possible for us to be in two places at once. My step son lives with my in laws & my husband stays there part of the week with his son & daughter & the other part of the week with me & his Daughter (& his son at weekends & holidays) Has anyone else been in a similar position? CSA say she has to pay all payments in full until the hearing but she still isn't paying a penny.
Ness13 30/11/2017 at 6:33 pm
My ex has told CMS he has no income and his payments have been reduced to nil however when my son tries to have contact with him he tells him he can't because he is working. I raised this with CMS but then the annual review came telling me nil payments due and no review for another year. I don't know what my ex does for work as we dont have any contact and personally I'm not interested in his life anymore but my son misses out on loads of things I can't afford even though I work full time and have help from benefits and he misses out on contact with his dad. I'm sure he's earning more than £7 per week. What do you advise?
ChildSupportLaws Editor 30/11/2017 at 9:45 am
Child maintenance paymetns are based purely on your salary/earnings, not your ex's.
Jimv243 29/11/2017 at 1:02 pm
My ex partner pays me maintanence. She is getting a new job with more money. I do not want my payments to increase along with her wage as she needs to sort out her debt. Can I decline an increase should they rise along with her salary?
ChildSupportLaws Editor 28/11/2017 at 2:34 pm
If your husband's ex wife is working and earning from the business, then your husband can put in a claim for child maintenance. However, if her husband is the person running the business and his wife doesn't earn directly from the business, then there is little your husband can do, as he cannot make a claim from the husband of his ex wife. If his ex wife was in receipt of a large amount of money, then unless this money is taxable it would not count as earnings. Child maintenance is taken only from the taxable earnings of the non-resident parent.
Liz 27/11/2017 at 9:04 pm
My husband has had sole care of 2 children one is now 19 the other is 14,his ex wife has refused to contribute anything towards thier keep from when she left them12 yrs ago, she has claimed she does not earn but her husband and herself have thier own business and pbviously recieve an income,she was also in receipt of a lg sum of money which is fact,how can people like this get away with this
ChildSupportLaws Editor 21/11/2017 at 11:19 am
If your son has left full-time education and is working, then you will stop being paid child maintenance when you are no longer eligible to claim child benefit
Jib 20/11/2017 at 4:44 pm
My son has decided to leave full time education and turns 18 in February, will I still get child maintenance from his dad? My son is currently also working 20hrs a week at present. Please help resolve this issue.
ChildSupportLaws Editor 14/11/2017 at 2:06 pm
Child maintenance is based purely on your ex's earnings, not his outgoings.
Danni 13/11/2017 at 8:32 pm
Can anyone help if the the non-residents parent gets a flat as part of his wages how is this worked out in the maintenance calculation? Need help please
ChildSupportLaws Editor 31/10/2017 at 2:55 pm
Many young people will pay something towards their keep to help the family out. There is no law against your mother asking for a weekly contribution, regardless of whether she is in receipt of child benefit. Each family has its own rules.
SiT Editor 30/10/2017 at 11:53 am
@Power - I don't know where you read that. But your wife's hubby is not responsible for supporting your kids. You still have to pay.
Power 28/10/2017 at 11:13 am
My wife divorced me about 9 years ago. At the time of the divorce she said in the divorce settlement that she would not chase me for child maintenance, however four years ago she got married and then made a claim for child support. I've just been reading, that when my ex wife remarried I should no longer be paying child maintenance...is this correct??
I have three children. Twins 17 and both in full time education and a 14 year old. They stay with me 1 to twice a week. I'm currently paying £230 a week in child maintenance. Any advice would be greatly appreciated.
Jamesy 27/10/2017 at 2:52 pm
My mum gets child benefits for me as I am in full time education living with her at home. I recently applied for a Christmas time job and got accepted. She is now demanding £20 a week off me. What could I do? This is wrong because she gets child benefits for me.
Lau 26/10/2017 at 10:58 pm
My partner has two children from a previous relationship and doesn’t pay CSA for them but has an agreement to send money each month for them..

As we have split and I do not trust him I have decided to go down the csa route to ensure our daughter gets the support she needs but he keeps warning me not to and I’m wondering whether this is because he pays Peanuts for his other two and wants to do the same for our daughter
Missy 24/10/2017 at 9:22 am
My partner moved in on the 13th October we have two children together as well (long story but needed to be sure I was ready after bad relationships). Iupdated tax credits and now he's received a letter from CMS saying he owes them over £700 in fees. If he doesn't take action they will seize goods .... only problem is he owns nothing in my house, he was unemployed for 4/5 years (he got depression when his ex took off with his two kids) .... he doesn't even know where they are and not allowed access to them but still expected to pay this money ASAP.

Because he's moved in I've lost working tax credits.barr £2 a week.. still get child tax credits but that's to help pay nursery whilst I work.

We don't have issues about paying but think the figure should reflect he was unemployed ... living rent free with his mum. He wasn't even getting income support whilst looking for work.

What can we do?

I already struggle to pay all bills and have enough to feed my babies ... so even though this isn't my issue it technically is because he lives with me now.

And from what I've read they don't take into consideration he has two kids at home to support as well.
ChildSupportLaws Editor 23/10/2017 at 10:19 am
If his son was registered in college but never attended, then it is a tricky situation as while his ex is receiving child benefit, then your husband he is entitled to pay child maintenance, In the first instance, he could also complain directly to CMS, It is advisable to get as much evidence as he can in order to prove his ex claimed child maintenance fraudulently. If this does not produce the answers he needs, your husband would have to seek legal advice to see whether he has a case to take the matter to court.
Mandie 22/10/2017 at 1:37 pm
Hi my husband is paying Maintenance for his son , my question is ,we have just found out for the past year he never attended college so his ex has been claiming alegally, my husband contacted benefit fraud and the csa and nothing at all as been done and they just keep saying he's got to pay and basically that's it , can someone please help us
EdY Editor 23/10/2017 at 3:55 pm
@Blakie - it's quite simple, tell her you cannot do it any more and that you will pay on the correct the day.
Blakie 21/10/2017 at 9:10 am
Hi, I'm a father of two children. I have religiously paid child maintenance each and every month to the mother of my children, however the past few years she has constantly been asking for me to send her some money early, it has now become a regular thing every week!!!
Our agreement for CM was mutually arranged, end of every month she gets her money. The issue is that she is now putting stress in my current relationship because there's not a weekend go by now (wether I have the kids or not) where she is not wanting money off me!!
I need help and advise, how do I stop her constantly wanting money before it's due!

Thanks in advance
ChildSupportLaws Editor 20/10/2017 at 3:07 pm
If your daughter's husband is not earning, there is nothing else she can do to in this situation. Your daughter will be entitled to claim certain benefits as a single parent which can help her some of the way to supporting her children.
ChildSupportLaws Editor 20/10/2017 at 9:47 am
Where child benefit stops, child maintenance stops in line with it. As a rule, every parent has the basic responsibility to provide for their child up until the age of 16, when they are legally allowed to leave school and get a job. After this age, it depends what your child chooses to do. If they continue in full-time non-advanced education, not higher than A-level equivalent, for at least 12 hours a week, then child maintenance payments will continue until the child finishes the course or until they turn 20. You may wish to seek further advice from CMS, given your son's autism. In some cases child maintenance can be extended either via CMS or through the courts.
Cathy 19/10/2017 at 8:35 pm
My daughters husband pays nothing towRds his 4 children apart from a non regular £7 s week when he is on benefits. Apart from that she has to support her children, herself, maintain a home ( which she had to find when her marital home was repossessed because said husband had not paid the mortgage) what can she do to get him to support his children?
Alyson 19/10/2017 at 2:35 pm
Hi my son suffers from autism and is now 20. He is still in full time education. His father stopped paying maintenance when he turned 20 last month when his child benefit stopped. Should he continue to pay while he is still in full time education?
Alison1569 17/10/2017 at 11:45 am
My ex refuses to pay maintenance and has done for the last 6 years. My eldest two are over 18 and working but still have a 14 & 13 year old. he has them every other weekend for 2 weeks. His bitterness is overwhelming an he threatens me every time I ask for money towards whatever the children need. I previously had almost £10k written off by the child maintenance as he was never going to pay and as the children have a relationship I could not send him to prison, although that is where he should be. he was self employed and these people seem to get away with paying their dues, I'm not sure if he is still self employed or an employee. He says if I submit a claim he will just give up his job. I have been very reasonable and only asked for £50 a week to help, he will not engage in any discussions and refuses point blank to pay. I am now standing up to his threats and speaking to child maintenance. The system needs changing in respect of self employed that cheat the system
Danman Editor 16/10/2017 at 3:22 pm
@Bigdon - if his lifestyle doesn't equate to his low income, your partner can take her ex to court. The court will assess his lifestyle to see whether he may be sidelining money, but your partner will have to be careful as she really has to prove he is doing this as it could end up costing her.
Bigdon 14/10/2017 at 11:30 am
Hi we are having problems with my partners ex husband he keeps managing to get his payments lowered, he is currently at£32 a week for 2 kids problem is costs are going up as the kids get older due to growing school trips etc . He is self employed with a good business . Cannot keep school appointments due to the amount of work , but claims to earn below minimum wage . He drives around in a newish car just brought a new van has motorbike , boys toys all the latest game consoles, just purchased a new caravan . He can do all this on £200 a week . I think he is filtering money out of the company via his current partner and listed director so she is getting paid the most for doing nothing in the company and he gets just enough to avoid paying fairly for his children . He lives well beyond his means especially a he declared himself bankrupt 2 years ago and find it hard to swallow he can amass all his toys over 2 years on minimum wage. What can we do ? Can we request the csa do a home visit ?
Chelseafalls 13/10/2017 at 11:56 am
Hi... My partner and I have children from previous relationships but not together. I have 2 and my ex pays me maintenance privately but using csa calculator. My partner pays for his 3 (1 from a long time ago and 2 from ex wife) through csa.

We are going to be living together and so my child tax credits as a single mum will decrease because they will take into account his wage. We want to keep everything desperate I.e I keep everything as is and he will pay me monthly towards house bills and food shopping. Problem is, he pays 410 per month which is a huge chunk from his wages and on tax credit calculator it asks for incoming not out going so looks like he brings more than he does if that makes sense. Is there a way round this?
Dave2 10/10/2017 at 9:38 am
Hi, initially I was paying maintenance for my three children following separation until the one child moved back to me. I reduced the payment by a third but I'm now thinking that I am out of pocket as I'm still effectively paying for all three. Shouldn't I get maintenance for the one that I have? How does this work? How is it calculated?
ChildSupportLaws Editor 06/10/2017 at 2:18 pm
If the paying parent’s gross weekly income is between £200 and £3,000 and they pay child maintenance for other children, this is taken into account when working out how much they should pay
Annebol 05/10/2017 at 10:16 am
Hi,

Recently my son moved out to live with g/parents. I Contacted Child Benefit to tell them of change and that I am contributing. They happy with that unless someone else makes claim and then they would inform me. G/parents household income over £60k so knew they couldn’t. His Dad might but probably wouldn’t contribute. He lives with partner and her child. I contacted child maintenance to set up payments- used to have family arrangement but missed payments and paid differing amounts. He has told CM he lives at his parents with his Son. He also tells them he has shared care of our other child as she stops there 1 night a week. This is all lies as he does not live there and never has. However on the form it now says he has no shared care and that he is in receipt of child benefit. I do not understand. Does claiming child benefit for our 1 child reduce his maitenance payments for his other child.
Also how accurate are the records for his income. Child maintenance say they received info via Hmrc that was given by company or accountant. He is the Director of company with his father and they have a very good but dodgy accountant as money is poured into one (sons dads)business from a sucessful one (sons grandfather) to avoid massive tax bills.
Tarmac 03/10/2017 at 7:12 pm
as a paying parent are my resident children taken into account when paying csa to my ex? I does not really state in the booklet. In the old system it did.
Harrison Editor 03/10/2017 at 10:44 am
@Momof4 - unless the income is taxable, then no.
Momof4 02/10/2017 at 11:39 am
Hi,
My ex is receiving compensation payments on top of his benefits, will he pay child maintenance on the compensation income?
Thanks.
ChildSupportLaws Editor 02/10/2017 at 11:11 am
No, you can come to a family-based arrangement, which means you have an agreement between yourselves. You do not have to involve CMS.
Jolanta 01/10/2017 at 12:39 pm
Hello, as I am a single parent, because not with my partner coz we just toxic to each other but he is a good dad, do I have to claim child support?? I don't want to, paperwork is just giving me a headache and he is always giving some money when I ask. Is there a law that says that I have to claim child support??
LisaLee Editor 29/09/2017 at 1:49 pm
@Jayjay - no you shouldn't. What cheek. It's his child too, he can supply the things he needs for his daughter when she stays at his. What's the point of him paying child maintenance if he gives it with one hand and expects to take it back with another. Honestly, some men!
ChildSupportLaws Editor 29/09/2017 at 12:34 pm
Yes. Your partner will still be deemed to be financially responsible to help support his child.
Jayjay 28/09/2017 at 10:06 pm
My ex pays child maintenance for his 3kids ive recently had a baby to him (baby3) who is 12 weeks old my question is when they go to his every 2 weeks should I be supplying him with her nappies and baby food? As he only pays £20 pm for baby 3 thanx
Anna 28/09/2017 at 3:28 pm
If my partner moves in and we claim jobseekers as a couple is he still liable to pay the flat rate child maintenance every week even though we are down money every week claiming as a couple?
ChildSupportLaws Editor 26/09/2017 at 3:23 pm
, which shows you how payments are worked out and what your ex may be expected to pay.
ChildSupportLaws Editor 26/09/2017 at 1:57 pm
Your ex partner can claim from CMS, but if you are in receipt of ESA then you would only have to pay the flat rate of £5 per week for your own biological child. You may wish to encourage your ex to call CMS if she wishes verification of this.
Dallas01 25/09/2017 at 11:37 pm
Im on esa.
I have seperated from my ex partner. I have a daughter who i have during the week then the weekend all over night stays and the following week i have her twice a week i also take my ex partners other daughter these days who is not my flesh and blood but i have been part of her life since she was a toddler. My ex wants me to pay maintance for my own daughter but forgets i pay for both girls when they are here. So do i need to pay maintance still or continue paying for both girls when i have them. Im unsure of what to do help would be greatful
Shan 25/09/2017 at 10:22 pm
Hi, my ex partner hasn't paid a penny for our daughter since she was born (that's when we split) and now she's 2, he is on DLA but yet still refuses point blank to help me out and times are tough. Would he still have to ay CSA even though he's in DLA as he's actually capable of doing things he just doesn't seem to want to.
Mumtobe 22/09/2017 at 7:44 pm
Does anybody know where I stand in my situation. I accidentally fell pregnant at the beginning of the year, baby is due 5th November. I chose to leave the babies dad for personal reasons and he has had hardly any contact since. He has 2 other children, one that he does not see and I am not sure if he pays for or not, and one that he has full time (she is at school). He works 2-3 days a week and won't work more as it will affect his benefits as his rent, council tax etc is paid and he gets money for having his daughter.
I'm wondering where I stand with child support, can I get help from him if he is on benefits himself? He hasn't helped at all so far, and I think he has washed his hands of my baby which is his choice but money wise I want to know what I'm entitled to from him if anything. Also will his name need to be on the birth certificate for me to go to CSA? Thanks
ChildSupportLaws Editor 19/09/2017 at 1:42 pm
Your partner's only recourse would be to try to get a definite access arrangement via mediation or take the matter to court. If the matter is agreed via mediation, the agreement would be overseen by the court, which will give your partner the proof he needs. If your partner takes the matter to court, if an agreement can't be reached via mediation, then the proof is in the court order.
Natalie 18/09/2017 at 2:32 pm
My other half is currently paying almost £50 a week to his ex. This all gets spent on tattoos etc. Nothing for the child, we have to provide everything as well as maintainence. She won't confirm that we have the child over night during the week at all, because the money will go down. She's always ringing during the week saying she can't have her she's poorly, so most weeks we end up having her 80% of the time at least. Yet still paying full money to her every week because she won't confirm over night stays as she wants the money. Is there anything we can do to prove too csa we have her over night?
ChildSupportLaws Editor 01/09/2017 at 2:17 pm
It is possible to claim child maintenance if you are living under the same roof. You may wish to speak directly to CMS
Qwerty 31/08/2017 at 9:14 pm
Hi
I have 2 children with my ex
We are still living in the same house and it is hell as he won't agree to spits in house
So can I claim child maintenance from him as he is basically refusing to support the kids other than half the mortgage because I get £132 child benifits each month
Help please!!!
ChildSupportLaws Editor 31/08/2017 at 3:34 pm
If your ex is no longer with his ex partner, then you can refuse contact if you feel it is in your children's best interests.
Marty 30/08/2017 at 10:50 pm
Hi. My ex has a child with another woman. They are not together. Can I refuse for my children to have contact with my ex's ex?
nolongeraslavetofear 18/08/2017 at 4:30 pm
Hi. My ex is planning on moving approx 90 miles away. He had sporadic supervised contact (although it should have been weekly but he chose not to be there) until recently at his house just down the road due to safeguarding concerns as agreed on divorce papers. I provided the supervision, then supervised myself when no longer could find anyone else to supervise.

He has never made any effort to find supervision.

I stopped supervising when he took me to mediation as I felt it was no longer appropriate for me to be subject to mind games. Mediator said case was not suitable for mediation.

Now he is taking me to court as he wants regular unsupervised contact which I cannot agree to. I am not denying him access, just that I am no longer able to supervise and have been unable to find contact centres, appropriate adult services etc. to take him on.

If he moves so far away and the court gives him unsupervised contact rights, who has to meet the cost of transportation etc.? I have been responsible for funding the past 6 years so he could have contact.

I am a disabled parent who has just been able to return to work part time and I am currently operating at my physical limit with being a parent and readjusting to working life, I do not currently have the physical strength to add this to my week, especially when it is his choice to move away.
Natty 14/08/2017 at 11:44 am
Hi my son starts university in sept and is 18,
I'm unsure whether his father should still be paying child maintenance for him ..he says no and stopped payments in June because my son turned 18.
I just need some advice if this is the case or not ..
Any feedback would be greatly recieved
Thankyou
Mel 13/08/2017 at 2:04 pm
My ex has been making regular payments for child support through CSA however he has left his job (as an executive director) and he is being supported by his wife who has a very good financial situation. I am looking at taking him to court. What are the chances of getting financial help if he has no income (but a good financial situation and a lavish lifestyle). Thanks
Chewing gum 12/08/2017 at 7:59 am
Hi

My girlfriend receives support from her husband albeit he is sporadic. I live with my parents at the moment as my ex wife and I are separated. I am registered at my parents address and pay bills etc. I also pay benefits to her for my 3 children.

How many nights a week can I stay at my girlfriends without anything affecting her ?

Thanks
ChildSupportLaws Editor 10/08/2017 at 3:43 pm
If the child does not live with the grandparents, then claiming tax credits for the child is fraudulent.
Stu 10/08/2017 at 11:58 am
My question is, if a grandparent receives child tax credits for a child, can the child still live with the natural father (who is working) at a different address. Is this legally acceptable in the eyes of the law?

Your advice will be welcome.
ChildSupportLaws Editor 31/07/2017 at 12:43 pm
If your ex is in receipt of benefits he will pay only base or nil rate. You can see which
none 28/07/2017 at 9:31 pm
My daughter is three years old, I live with my mother, I'm currently in full time education in university. My ex haven't been paying any maintenance or haven't support the child since she was born. He is on job seekers allowance for a good ten years now. He has two other children that live with him, yet he says he can't afford to pay anything for our child. Is there anything I can do? How much would my daughter be entitled to per week?.
Thank you
ChildSupportLaws Editor 28/07/2017 at 11:39 am
You would have recourse to find out which
ChildSupportLaws Editor 28/07/2017 at 11:35 am
Your only recourse is to complain which
fidthesquid 26/07/2017 at 10:34 pm
My ex used to pay CSA payments but then lost his job. The payments stopped in October 2016, I assumed at the time that was because he was on benefits (I am now unsure whether I should have been receiving 7 pounds per week throughout this period, but I haven't received anything at all since October). I never asked the CSA to stop the claim and I assumed the payments would start again once he started work again. He started work early this year and said he would sort the CSA stuff out. I have just received a letter from the CSA stating that the claim would start from this week. Presumably they are treating it like a new claim, even though I have never had any communication from them that they were no longer involved and the claim had stopped. In none of the literature does it say that I have any responsibility to let them know his circumstances- that is his responsibility. However I have not received a penny since October- through a short period of my ex being paid benefits and then through an extended period since early this year when he was working. Do I have any recourse on this? My ex and I don't particularly get on well and I certainly don't know his private life, including employment history- surely the CSA should have kept up to date with work and benefits, or at least informed me that the payments would stop?
Ems 26/07/2017 at 9:42 pm
My bf sees his 2 kids twice a month. He's been paying 200 a month maintenance. Bit he's recently been reassessed and now he has to pay 23 extra a week so monthly 292 he only is a bus driver and doesn't earn alot. He rang and they said they've used his tax return 2015/16 well back in 2015 he earnt 24,000 a year and then starred the job he does now. He is on at least 4,000 less now. He just can't afford the extra 25% why haven't they just looked at his pay slips he's sent in? They can see he doesn't earn what he did.....any help please!! At a loss....
ChildSupportLaws Editor 25/07/2017 at 3:56 pm
Every non-resident parent has the basic responsibility to provide for their child up until the age of 16, when they are legally allowed to leave school and get a job. After this age, it depends what the child chooses to do. If they continue in full-time non-advanced education not higher than A-level equivalent, for at least 12 hours a week, then child maintenance payments will continue until the child finishes the course or until the child turns 20. As child maintenance payments fall in line with child benefit payments, then it is unlikely you would be asked to return any child maintenance payments from before the time child benefit was officially stopped, especially if your granddaughter was registered at the college and was supposed to be attending. The child's father is responsible for the child, but only until such time as she is classed as a financially independent adult (16 if she gets a job - 18/20 if she attends college). However, the court will take your circumstances into consideration, especially if your granddaughter is under 18. In all cases where a child under 18 is involved, the court's main concern is what it thinks is in the best interests of the child. If the court feels the child should be financially supported, it will not request the child maintenance money to be returned. However, if it is deemed the child maintenance was gained fraudulently (for instance if your granddaughter signed on at college but began working and earning a wage instead and this was not reported), then her father may have a case. If it was merely a genuine oversight and you have been struggling to manage bringing her up and you were unaware she was skipping college, then it's unlikely you will be personally penalised. In fact, dependent upon the circumstances the court could order child maintenance to be continued to be paid by the father until she reaches age 18. There is no predicting what a court may decide. However, it will always consider the child's best interests first. Just because the father is taking the matter to court, it does not mean the court will rule in his favour. Much will depend upon the circumstances your end.
Scotsman 86 25/07/2017 at 10:04 am
I am a Grandad Guardian to my 17year old granddaughter, who has had child support cancelled because my granddaughter had not been going to college.I was not aware and cannot believe that ruling exists!! Child maintainence contacted me in June,and told me my Granddaughters money would be stopped., I asked how was I going to be able to keep her as I am a pensioner,they said they would mention it to the father, within in a week I got a recorded letter from father listing the payments I had received since last September ,when the ruling applied,and stating ,I had to pay the money back or he would take me to court!! As i was not in a position to pay the money ,I have now received the papers from the court, which I am trying to deal with. I have asked Citizens Advice for help. I thought the law says ,he is responsible for his child!!
A Very Anxious
Grandad
Donut 10/07/2017 at 9:30 pm
Csa pure waste of time.promise this and that.never follow up on any of it.absent father gets away with everything.just say theyve got no money and thats it.what a waste of my time and effort.he has two holidays in 3 months,signs on,then off,then on,then off.plays the system,and nobody does anything.
ChildSupportLaws Editor 06/07/2017 at 3:03 pm
Every non-resident parent is responsible for supporting their child financially until their child leaves full-time education. If your child's father is refusing to pay, you can claim via CMS. Please see link
ChildSupportLaws Editor 06/07/2017 at 10:50 am
I'm afraid you have no legal recourse to claim. It would have been the responsibility of your mother to do this when you were a child.
Berry227 05/07/2017 at 2:35 pm
I am currently living apart from my 5month old baby's father due to relationship issues that have been caused by his mental health ( OCD) I am staying with my parents.
I moved into his house before our son was born and the arrangement was that he continued to pay his mortgage and bills and I cover the food shopping, once our son was born and my stattutory maternity pay kicked in (£500 a mont) I could no longer afford to cover the food shopping (£120 per week) as well as pay my bills and pay for all the baby stuff. Things got bad due to his OCD and I left the home, we were in the middle of buying a new house but he didn't want to include me on the mortgage as I have no money to contribute. We are now trying to work things out but I feel frustrated as he still hasn't contributed financially towards our son, be brought the pram and I've covered everything else, he is a very high earner so money is not an issue but when I mention money and how much I'm struggling he just goes on about how he's having to burden the cost of moving house. Where do I stand? Should I expect him to support us financially? This is my first child and I never thought I'd find myself in this position :(
Flower 04/07/2017 at 2:44 pm
Hi Just wondering if there is anything you can do if you never had any payment from father yet he is on my birth certificate and my mum was married to him but he left when I was 2, my mum was to scared to put any claims against him as they divorced due to domestic violence and I am now 28 but I've always felt he should of payed his way as my poor mum struggled and he only lives down the road from me which is a heartbreak but I just want to know if I have any rights against him?thanks
ChildSupportLaws Editor 04/07/2017 at 11:09 am
Every non-resident parent by law is expected to help support their children financially with their day-to-day needs. The child maintenance rate is based upon the money your ex pays through HMRC in taxable income. You can see how much you should be receiving which
Amanda 03/07/2017 at 4:27 pm
My ex husband refuses to pay child maintenance - because I receive working tax credits and the child benefit. I have a court order, for the youngest 2 of our 3 children, stating I have custody and they go to their dad's every other weekend, Thursday after school to Monday drop off at school and shared care on holidays. My eldest is 15 and still in full time education and sticks mostly with this order by choice but doesn't go to her dad's as often. Our youngest son occasionally stays an extra night for some "man time". Is he correct is this assumption? Does he have no obligation to send support even though I cover all costs of children's needs except when with him??
Sorbel 08/06/2017 at 1:43 pm
Hi, two of my children decided to live with Dad, so rightly he stopped paying CSA payments. However, I have received a schedule of when I can have the children...and it's for a considerable amount. For example I will have them (three children) for four out of the six week summer holidays. I will also incur travel costs as they live the other end of the country. Please tell me if I can get any financial help for these weeks as I am currently on benefits and disabled? Thank you
Lookingforclarity 05/06/2017 at 7:49 pm
Hello,

I currently see my daughter 3 nights a week and have agreed a sum that I pay each month.

My question, is if when my daughter reaches an older age (she is 8 now) say 10-11 and wanted to stay with me full time (or more than the 3 nights), how would this work and would I have to apply to the court for sole residency? Would the court take into consideration my child's request that she wanted to stay with me full time/more than the 3 nights?
ChildSupportLaws Editor 18/05/2017 at 11:52 am
For the purposes of the CSA/CMS, earnings are the funds that are taken into account after the deduction of income tax, national insurance contributions and pension contributions. Pension contributions must be regular, and lump sum payments are unlikely to count. Money that an individual receives that are not classed as ‘earnings’ include: statutory payments made by an employer for reasons of maternity, paternity, redundancy or adoption pay; tax credits; social security pension, benefit or allowance, any payments made under a disability pension or benefit; or a guarantee payment under social security pensions legislation. However, you may wish to seek further advice regarding this via CMS as private pensions and occupational pensions may be classed as earnings.
Mummy 17/05/2017 at 6:56 pm
My daughter is 4 months old , the father is currently receiving benefit so I'm getting £7 weekly , he has however just retired and is requesting his pension to be paid in a lump sum , is this counted as income ? he hasn't informed our case worker of the pension money either
ChildSupportLaws Editor 17/05/2017 at 11:38 am
I'm afraid we have no knowledge of the finer workings of the administrative and assessment procedures of CMS. You would have to contact them directly, and/or complain via which
Lobby 16/05/2017 at 6:14 pm
I am in receipt of a war disability pension attributable to a military injury. I am working and have been paying my ex the amount that was agreed through the court order at divorce.
A few years ago my ex partner decided that I was not paying enough so I suggested that she go through the CSA which she did. The answer she got was not to her liking as I was in receipt of this pension and I could of paid her a substantial amount less than I was. I kept the payments the same as I had done arranged through the court order.

Over the last few days I have received a letter from the CMS and they have said that I will have to pay more money.
Can anyone advise me if payments have changed now the CMS is in place as I have been on the website and it transfers you to the government website and I have used the calculator to work out my payments and it comes out the same as when the CSA were involved.
If I am working and in receipt of a war disablement pension I am eligible to pay full maintenance???. Please helppp. Thanx
ChildSupportLaws Editor 16/05/2017 at 12:26 pm
Once a court order is in place, if you do not stick to the terms of the court order then you would be in breach. Any changes to a contact order must be agreed by both parties. One party cannot unilaterally decide to change the order or apply additional terms. If they wish to do so, they will need to refer the matter back to court. Your only recourse would be to ask the child's father if he wishes to move to supervised visits until the matter is resolved. However, if he refuses, then you would have to stick to the order or risk being taken back to court.
hoppy 15/05/2017 at 7:54 pm
my 6 yr old son cries and gets upset when he knows he has to go see his dad, the court gave him visitation rights, and i dont want to stop him being with his dad, but would like to get to the bottom of it, he doesnt pay anything towards him, can i ask for supervised visits?
Mike1 12/05/2017 at 8:21 pm
I am just coming up to 65 and will shortly receive the state pension. I also have a private pension. According to the CSA calculator if a pwc is in receipt of the state pension the payment is fixed at £7 per week. The calculator does not ask if there is any private pension income or if you are still working. Is it the case that this fixed amount is correct under these circumstances. The CSA/CMS websites do not clarify this in their wording. I don't have too long to pay as my youngest is now 18. Any clarification would be appreciated.
KS 06/05/2017 at 9:13 pm
My ex-husband pays a set amount each month for the children. He has them 1 night a week and a couple of times a week for tea. He doesn't buy ANYTHING extra such as school trips, trainers, hair cuts etc. He thinks the payment he makes should be spent DIRECTLY on the children and not on bills/rent/diesel etc
During the school holidays, if he has the children for a few days/weeks - would this make a difference to the payments he makes?
ChildSupportLaws Editor 05/05/2017 at 2:14 pm
In a word, no. Only the resident parent would have been able to make a claim for you from the non-resident parent (your father), up until you finished full-time education.
Lostboy 04/05/2017 at 9:00 pm
Im 30yrs old and my father who's name is on my both certificate never paid anything towards my up bringing is there any way I can claim what he should have pain in back payments? Thank you
Mumi 02/05/2017 at 10:48 am
It is 20% for one child and reduces to 15% when there is two. By your calculations, it would put the other parent in financial difficulty to pay and increased percentage with each additional child. The percentage would need to drop, not rise. Please amend your website as this kind of incorrect information can be destructive.
ChildSupportLaws Editor 27/04/2017 at 12:25 pm
Child maintenance is based solely on taxable earnings not savings. Therefore, if your ex is not working, then she will be eligible to pay only flat, or nil rate. If your ex is claiming non-means tested JSA, then her savings will not be taken into consideration. As long as she is actively seeking work, then she can claim regardless of the amount of money she has in the bank. Once she starts earning a wage again, then you will be eligible to claim child maintenance based upon the income she earns.
Fred 26/04/2017 at 8:04 pm
My ex partner is claiming non means tested jsa (unable to work owing to a recent conviction).
Has paid nothing for over 8 months for our children yet has substantial savings and enjoys a very good standard of living.
I work part time and am struggling
Would the CSM be able to insist on disclosure of her savings and payment for our children that way?
Or is it just the JSA that is considered so making it possible for her to hide her wealth til 12 mths expires and she is reassessed and gives the money to her new partner
Missy 21/04/2017 at 12:46 pm
Daughters dads in prison, can i get child support from his private pension.
ChildSupportLaws Editor 20/04/2017 at 1:59 pm
Your partner may be able to apply for a special expenses variation through CMS, You would have to speak to CMS directly if his child is living elsewhere. However, regardless of where his child is living, your partner would still have to pay child maintenance to the person the child is living with. However, if his ex is no longer the primary carer of his child, then so would his ex have to pay child maintenance to her mother.
Sarah Potts 20/04/2017 at 4:56 am
My partner is paying £400 per month for his son who lives 150 miles away. He has to pay to pick him up which is rvery Holiday which costs £50 in fuel. We have found out that the child is currently living with his grandparents but we are paying the mother who lives in a separate house. Can anybody tell me if this is allowed or should be declared?
Norma 31/03/2017 at 7:00 pm
My 17 year old daughter lives with me and she received child maintenance as she is in full-time education. If she works full-time over the summer holidays, then takes up non advanced full time education again in August what happens re the child maintenance payments?

Also gaining a place in collage depends on her exam results. What happens to maintenance payments between her leaving school and taking up her collage course?

And what happens if she fails to secure a place in college, then needs to find full-time permanent work instead?
Johny 31/03/2017 at 4:55 pm
I pay child maintenance for my 5 year old who lives full time with her mum (court action in place for me to get proper contact). My question is the fact the mother to my child has had her new boyfriend move in because they have had a child together does this change the amount I should be paying? Could I talk to the court about it since she even gets my child to call him dad so it's like they are married but she has said before the ont reason they arn't married is because then I wouldn't have to pay?
ChildSupportLaws Editor 28/03/2017 at 10:51 am
You do not have to agree to this. If you would prefer to be assessed through Child Maintenance Services, then this is your prerogative. If a child maintenance agreement is decided through court, then each time you needed to make changes (if your circumstances change), you would have to apply to court to vary the order and this can become costly. Likewise, your ex can also apply in time to have this agreement altered, for instance if it does not keep up with the cost of living - or if your children remain in full-time government approved education beyond the age of 18. Also, you may find it difficult to extract yourself from this arrangement if your earnings reduce etc. Therefore, I would tread carefully here. You may wish to seek legal advice regarding your best options.
Mainer 27/03/2017 at 12:34 pm
My ex wife is asking for me to agree (court order) to pay £600 per month for my children until my eldest is 18 years old (7 years from now). Then reduce that until £400 until the 2nd is 18 (9 years from now) and then £200 until the youngest is 18 (11 years from now). The amount I should pay presently according to the CMS is £340. I am being told that if I agree to this then it is actually only for 12 months and I can ask for the CMS to review the payment after a year of the order being put in place. If I agree to this, can I ask for a re assessment in a year please or will I be fixed to this payment please? My wages fluctuate as I am self employed so can not guarantee I can maintain the £600. I was paying £700 for the first three years of us being separated and reduced it six months ago because my circumstances changed.
My ex wife is adamant about this being the agreement. We've already agreed a financial settle and I have made the first payment towards that. She has now decided that she wants to change things. Any advice you can offer would be greatly appreciated.
manoj 25/03/2017 at 1:24 pm
My ex wife stop paying for elder son but his in uni and I am supporting him. So how do go about that she contribite something towards my elder son??
ChildSupportLaws Editor 17/03/2017 at 12:35 pm
If you feel you are being treated unfairly, you have the right to complain.
gloryhunter 16/03/2017 at 10:35 pm
I have a current DEO and am still paying double what I should be paying after I was told there where arrears however my ex wife has stated that she doesn't want any arrears and that there never was any so why am I still paying double ?
I have spoken every week for the last two months but never seem to get an answer!
myself see this as stealing money off me every week and therefore a criminal offence !
gloryhunter 16/03/2017 at 10:26 pm
hello im a Dad with a current DEO in place however I am being stopped double what I should be paying as the csa told me there where arrears! however there are no arrears and even my ex wife has contacted the csa telling them so, even went as far as telling them even if there was arrears she wanted them written off the csa have now agreed there are no arrears but continue to take double.
The ex wife has shown me how much she is getting from them so are the csa stealing from me because she is getting half of what I'm paying.
ChildSupportLaws Editor 16/03/2017 at 10:15 am
Unearned income, such as income from savings and investments, isn’t taken into account when the CMS makes a maintenance calculation. However, if the receiving parent believes the paying parent has substantial unearned income, the receiving parent can ask the CMS for a variation of the maintenance calculation.
Blue 15/03/2017 at 7:01 am
Is the interest on my savings included when determining any payments ?

Thank you
ChildSupportLaws Editor 08/03/2017 at 1:43 pm
Unfortunately she has found the perfect loophole. Any maintenance calculations are based on the parent rather than the parent's partner.
David 07/03/2017 at 6:45 pm
Hi,
I'm a single father with a 12yr old son who lives with me. I had to give up a career in management so that I could take care of my son as he rarely sees his mother who has 2 children with another partner. She does not provide any child support at all. She does not need to work as her partner earns enough to support her very comfortably. She doesn't claim any benefits because of the household income. She owns her own home, and flies to Dubai every 2nd month for holidays. Is it possible to claim support from her or has she found the perfect loophole?
ChildSupportLaws Editor 06/03/2017 at 11:17 am
Officially, you should pay until the end of the school year (August 31) and/or when child benefit stops. However, if you have a family-based voluntary agreement, you can decide when payments should stop between yourselves.
TMG349 05/03/2017 at 10:22 am
My daughter is 19 years old and will finish her college course at the end of March. I have been paying child support payments to my ex via a voluntary agreement since 2013 as I was working abroad where no reciprocal agreement existed. My daughter will start employment once she finishes her college education at the end of March, my question is....how long after my daughter finishes college do I need to pay child support?
Dee 04/03/2017 at 12:47 am
My ex and I have been divorced for nearly 10 years now (separated for longer). Our daughter is 12 years old now and lives with me. She stays with him one weekend every two or three weeks. He has never paid me any maintenance although he sometimes buys her expensive presents or gives her inappropriate amounts of 'pocket money' which he says is for her to spend as she wants and he does not need to tell me about it. I gave his details to the CSA when we divorced, but never heard anything from them. Over the years I raised the issue with him several times but he just flatly refused to pay me anything. I had begun to think I should go to the CSA (CMS?) again, but 18 months ago my financial situation changed when I inherited some money and a property. Question: If I were to apply for maintenance now, would this recent inheritance affect anything?
Ck 02/03/2017 at 4:54 pm
Hi my ex is self employed and regularly pays 20% of his net wage for our two children. He receives a large tax rebate annually, am I entitled to 20% of that as it is part of what he has earnt.
Joe 26/02/2017 at 6:49 pm
Hi my ex is starting a goverment apprenticeship that pays NMW at the over 21 rate and it's full time hours approx £250 a week. Will he still have to pay me maintenance as it's a training course and he does 1 day a week at college and the rest is on job training??
Windy 25/02/2017 at 1:03 am
Ive paid for my daughter since separation, I hit bad cash flow a year ago and havent paid a years worth, my ex now wants to take it to the csa! Baring mind when we split I signed over my half of our house, if sold we would have both pocketed 30k each profit, where do I stand on this as 30k is a lot of child support already signed over in property?
Taylar 18/02/2017 at 6:30 pm
Hello, my partner pays 45.00 direct to the mother of his 12 year old daughter p/w, but has recently lost his job and has no income other than mine. The mother is now claiming that I have to pay it as he can't, from what I am aware This isn't true but I need to know for sure, is this true? Thanks
Lou 17/02/2017 at 5:33 pm
Is it right that my husband has to pay £45 a week to the mother of his child when she is unemployed and claiming all the benefits that she can plus now stopping my husband from seeing his child. She recieves this sum on top of all the benefits that she gets.My husband has been through court and has a court order to see his child with added progress but she will not allow progress. We paid 7000 in court fees whilst she paid nothing plus has a car and house off the goverment and all she does it smoke drugs and has no intention to get a job. The child is not a baby so does not need full time care as the child goes to school and does a lot of after school activities. There is also no reason and even settlesd in court that my husband has done anything wrong to not be able to see his child. Basically the mother just eas not impressed that the father got married. I just dont understand why a working couple that are hungrey to see the child and the mother has no reason to stop us or even the father for that matter. If she just didnt want myself to see the child id be fine with that but the child is missing out on seeing his loving doting father. I wouldnt mind so much if it helped the benefits system for instance what we pay they then deducted saving the govement finances but the mother is to recieve this on top off ful benefits. She has a car, car insurance and car tax and a full rent house paid for by government. She gets burserys of gas and electric. Myself and my husband even pay for his clothes. So i dont understand what she could possibly need all that money for and to not even give anything back to the government. Not only does she recieve the tax we all employed people pay and she is now recieving our wages aswell. Please if anyone has a solution to this it would be great or if this is atchually correct?
OBTS11 17/02/2017 at 1:24 pm
My ex husband and I have a family agreement of him paying £378 for our 2 children to live full time with me. He sees them 4 nights a month on average.
How can I find out how much he earns? As he had agreed he is paying me less than he should do?
I've asked him outright what he earns and he says he has no legal right to offer that info to me.
I've spoken to the CMS and they have said unless I want to go down the official route I have no way of ever knowing what he earns.
How can this be possible that he never has to disclose his income? I know he gets regular increments to his pay and has recently had a promotion which would be financially rewarded too.
Surely our 2 children should have a legal right to an increase in their CM which is reflected by my ex husbands salary increases?
Everything is increasing by inflation. How is it right the CM payments don't?
Surely there should be some sort of law that enables the receiving paying parents to find out what level of income the paying parent has so they know that their children are being cared for at the correct rate.
We did the family based agreement to keep things amicable but how can things be amicable if he's earning more and able to pay bills that are all subject to inflation yet keep the CM at the level it what was agreed almost 7 years ago with no inflation added to it.
ChildSupportLaws Editor 16/02/2017 at 11:41 am
Regardless of what her benefits are, she is still entitled to receive money from you. As your child's father, you are responsible for paying towards the upkeep of your child.
Sow 15/02/2017 at 3:37 pm
Hi I have always payed my ex for our 1 child for the past 8 years since we split up, I pay a set amount of £50 p/w also I pay school uniforms holidays, trips and pick her up 1 hour away, she claims full benefits including DLA and carers allowance as she has an illness ! Is this ok for her to claim all the money and receive payments from me ( the father )
Amy Editor 14/02/2017 at 11:45 am
@Taylor - If he is not supporting you - I'd tell him, if he doesn't you are going to get a job. You need to be able to support yourself!
Taylor 13/02/2017 at 1:25 pm
Hi
I want to know what to do , my husband stays in the Uk and I'm staying abroad with the 2 kids , both are his own but the mine is a little one, she is 5 years old.The other one is my step son.Now he refuse to pay for maintenance.He doesn't allow me to get a job bcos of his insecurities now I can pay for a flat we staying in and I can't pay for my child education and welfare, please help.
dillydallster 13/02/2017 at 1:13 pm
Hi

My ex husband and I have been separated for almost 3 years. To date he has never paid any cms as he insists the benefits which I receive for our 2 children (DLA for 1 child, child tax credits and child benefit) is sufficient to provide for their needs. I have the children 4 nights per week and he has 3 nights per week, roughly 60/40 care.

Last year I was aware he was struggling financially, so I agreed to sign over the child benefit (for one child), to help towards feeding our children when in his care.

Am I being greedy by claiming any cms from him, barring in mind I provide everything, clothes, shoes, coats, mobile phones etc. In the past he's always insisted that I receive the 'lions share' of the money, therefore I'd be unreasonable to further claim cms?

TIA
ChildSupportLaws Editor 03/02/2017 at 11:24 am
Every parent has the basic responsibility to provide for their child up until the age of 16, when they are legally allowed to leave school and get a job. After this age, it depends what your child chooses to do. If she has continued in full-time non-advanced education, not higher than A-level equivalent, for at least 12 hours a week, then your maintenance payments will continue until your child finishes the course (or reaches age 20). In addition, if she has a part-time job alongside her education, then you would still have to pay child maintenance. However, if she is working full-time, or is serving an apprenticeship where she is earning money, but studying/training, then your child maintenance payments would stop. The main thing to find out is whether your ex is in receipt of child benefit. If she is, then child maintenance payments should continue until child benefit stops.
Pip 02/02/2017 at 12:52 pm
I pay maintenance to my ex and also an amount directly to my daughter as a mutaul agrrement as csa case was closed in dec 2015 my daughter is now 17 and working and also still in education under old csa rules if the child starts work you didnt have to pay maintenance ....is this still the case...
herona 27/01/2017 at 5:36 pm
My Partner and I seperated 1 year ago. We never legally lived together and I have had little or no help from him over the years. We have 2 children together. He recently inherited a property that he sold for 400k. For the last 3 months he has paid me 100 per month for both children. Am I entitled to more if he hasnt what is classed as an income but has savings.Thanks
ChildSupportLaws Editor 27/01/2017 at 11:17 am
Your partner is well within his rights to say no. Whatever further money he chooses to give to his children is discretionary once child maintenance has been officially assessed. If he has to travel to see his children, he may also be able to request a special expenses variation, please see CAB whichLikewise, if his ex is withholding access to his children in return for extra money, he should take legal advice regarding taking the matter to court to apply for a contact order. Child maintenance and child access are not related and children should never be held to ransom for financial reasons.
Rhax 26/01/2017 at 2:49 pm
My partner has two children from a previous relationship and has always paid child maintenance, also every demand for extra money from the ex is always paid. He also pays more than £200 in petrol every school holidays so he can spend time with his children (we are in Scotland they are in England) he pays half of school clothes aswell. Recently the ex didn't believe the money being paid was enough and was sure my partner was lying about the income, therefore the family based arrangement was thrown out the window and CSA were brought in, she now gets 20p less a week. And has now been worse than ever when it comes to arranging the children coming up. She barely communicates now, as she is probably embarassed by the outcome. She now gets the children to contact for money. Is she entitled to ask for any more? Or is my partner well within his right to say no.
ChildSupportLaws Editor 25/01/2017 at 12:46 pm
The answer is yes, to both questions. If your ex agrees to you caring for your child on a permanent basis and becoming the primary carer then you can either agree between you, make an agreement through mediation (which is overseen by the courts) or apply to court. However, court is only necessary if you don't agree as parents who should be the primary carer and you want to apply to establish your parental rights. If so, then With regards to child maintenance, if your ex is earning then you can either have a family-based arrangement or apply via the CMS
ChildSupportLaws Editor 25/01/2017 at 11:47 am
A person cannot claim more child maintenance above the amount the non-resident parent has been assessed to pay. If the paying parent is earning more than declared, then this still would have to be proved via the HMRC through the CMS.
James23390 24/01/2017 at 10:46 pm
Hi can anyone help me , my son has lived with me for 5 months now and my ex partner has agreed . We haven't been to court yet so I can get full residency can I ask her for maintenance as he does not live with her?
Katana 24/01/2017 at 2:50 pm
Hi! What happens when the child maintenance established by the CMS is still not enough and the parent who cares for the children (2) can't possibly earn more and gets benefits as well? To mention that the paying parent has brought officially his income to a minimum though he is actually earning more.
Kate 20/01/2017 at 2:53 pm
My ex husband has decided that whilst my 12 year old SOn is in his care that he will not be allowed his mobile phone. He has had a mobile since he was 6 years old as my ex lived for a while in Nottingham and didn't allow me to know where he was living and so I wrote my mobile number in his clothes so as someone could contact me heaven forbid if anything had happened to him. Can my ex husband do this?
ChildSupportLaws Editor 19/01/2017 at 11:25 am
No your husband's child has no legal claim upon your inheritance.
carole 18/01/2017 at 6:40 pm
Hi my disabled 14 year old son has gone to another school so stays with his dad during the week.

I claim child benefit, child tax credits and dla for him.

My ex has agreed to me keeping these benefits and he won't pay me any maintenance.

I fought very hard for his DLA and don't want his dad to have it as he will squander it, he's terrible with money. I intend to keep it and pay for things for my son as well as pay for everything else for him, clothes, shoes, dinner money, mobile phone, pocket money, leisure centre membership, xbox points etc.

He will be staying with me 3 nights out of 7 every week, will I get into trouble?
Aww 18/01/2017 at 3:10 pm
Hi I've been married to mu husband for 9 year. He has a child to previous relationship. I am in the middle of get fair bit of a inheritance as my mother has passed away.
The will only states my name.would she be entitled to claim form it as it please
ChildSupportLaws Editor 17/01/2017 at 2:21 pm
Unless your ex earns from the inheritance, then you would not be entitled to claim i.e if he was left a house and rents the house out and earns an income from the rental, then that income will have to be declared to the HMRC and you would be entitled to claim via the CMS.
Eliz 16/01/2017 at 11:35 pm
Hi any advice would be appreciated,
My ex husband is claiming benefits but has recently been left some money after his parents died and the house was sold. He has never paid a penny towards his children can I claim anything from him for the boys not me now he has this windfall.
Red 15/01/2017 at 7:10 pm
My ex left me with 5 children he has xsaid i will never get a penny from him for the children at the moment im getting child tax crexits but hes got away witn it for to long i now know hes working fulltime an where he lives how will me claiming off him effect my child tax credit as i know he will do everything he can to stop me claiming off him
ChildSupportLaws Editor 13/01/2017 at 2:40 pm
If your daughter is living away from home, then your ex wife would not be able to claim child maintenance for your daughter. Child maintenance goes hand-in-hand with the mother being in receipt of child benefit (which her mother would not be legally entitled to claim if your daughter is not living at home).
ry 12/01/2017 at 11:24 pm
my ex wife in claiming that I pay child maintenance . she left the marital home may 2016 and took my daughter with her. my daughter was 17 and working part time and has enrolled as a student in sept 2016. my daughter has bought a house with her boyfriend and moved in dec 2016. would someone please clarify to me of my ex wifes entitlement to a claim.....please
ChildSupportLaws Editor 22/12/2016 at 1:15 pm
The court order should stand. A court order cannot be changed unanimously, but can be changed via mutual agreement. However, the court order can be reverted back to at any point, as it is the official take. If the court order has been changed, and you have been having your daughter more outside the initial agreement, then you would have to take the matter back to court in order to apply for a variation. However, the CMS will also stand by this, given it is the official order, especially if your ex denies your claims.
Simon9093 22/12/2016 at 2:40 am
Can any one help with this one . Me and my ex partner went to court last year and a order was made out for the other parent to see the children on certain days . Since then my oldest daughter has become of the age where she doesn't have to go in the said order . I have tried to claim of the ex for the time she hasn't had her for and is now going on to twelve month later . My ex was just paying maintenance to by bank account with no agreement made between us . So I decided to go to cms child maintenance services to find out wheather she was paying me correctly . I found out she wasn't . So I told child maintenance what was going on and they sorted it out for me . To what she should have been paying me . My ex partner has now gone against what I've said to the maintenance service and they are now working on here time what are wrong . And using the court order against what I've said to them . On my understanding of child maintenance it gets reduced by the amount of time the other person spends with them . So the dates and times was correct for what I give the maintenance people over .but they are now telling me that I am in the wrong that the court order is a legal document and she should be spending that time with her so I get reduce no matter what . Is this correct or am I missing something . I have two daughters to my ex partner one does go for the times she states but the other doesn't how do I deal with this without going back court has any one got any suggestions .
Amy 24/11/2016 at 12:57 pm
Hi,
My Partners ex girlfriend is taking us to tribunal with accusations of deliberately trying to avoid paying child maintenance, due to his company being set up as a Limited company, which is simply not the case. Is there anywhere I can see previous tribunal hearings and outcomes to help us defend ourselves?

Also from reading the above posts, my partner has shared parental responsibility for his child, the child spends almost half the year with us and we collect her form school on a alternate Tuesday/Thursday, take her home, complete homework, feed her etc. Would my partner be able to claim/receive half the child support/child tax credits she receives?
Jce 23/11/2016 at 10:43 pm
My ex is going on holiday for 3 weeks to Australia without our child, he seems to think that while he's away he should not pay child maintenance as he won't be earning while he's on holiday. (He's self employed) However I think he should as if he can afford an expensive holiday he should still be paying for his child
Milo 23/11/2016 at 4:26 pm
I pay my child maintenance every week for my daughter, is the mother entitled to any other money from me when it comes to uniforms and things like that whenever she gets a grant to help
BigGuy81 14/11/2016 at 1:53 pm
My new partner is just going through her divorce, and her ex has a job that pays very well. She has calculated what child maintenance she will get from his current salary, but I have heard that his job is changing and he will be basically getting double the amount of salary that he is on now in the near future, but this could be after the divorce is settled, will that new salary be taken into consideration for the child maintenance? If so would it then be better for them to go through the collect and pay scheme? Instead of arranging it themselves?
Daddycool 13/11/2016 at 2:15 pm
Question. Can the mother of my children change an arrangement we have with visititation just to get more child maintanance from me?
ChildSupportLaws Editor 11/11/2016 at 2:32 pm
If your partner thinks he is being treated unfairly, he would have to complain
Potter 11/11/2016 at 4:58 am
I am working full time and receive tax credits for me my son and partner as he not working. My partner ex said wants more money going to go csa will I have to pay for partner son out my wage very confused at moment please help
Roobarb78 11/11/2016 at 4:19 am
Hi. I am enquiring regards to tax credits and child maintanence.
I have 2 daughters with my ex and have paid maintanence (not through csa) since we split.
I now have another child with my new partner and we are just in the process of applying for tax credits.
My new partner is not earning any income so the tax credits we will receive will be based on my wage.
Will any tax credits we receive need to be taken into account to work out maintanence for my 2 daughters from my previous relationship.
Very confused as the benefits my ex receives (or any resident parent) doesn't take into account the amount of maintanence recieved.
Sarandsf 10/11/2016 at 8:32 pm
Hi, my partner has been paying for his now 18 year old daughter since he separated from his ex-wife. For the last 3 years and ongoing his daughter has lived with her grandparents but his ex-wife is still claiming as though her daughter lives with her. She does not contribute any money to the grandparents for her daughter's care. He has been told her claim is fraudulent but still he is being made to pay. He has challenged this but there has been no response about this from the agency dealing with this. Is there any advice you can give us?
PacMan Editor 11/11/2016 at 12:24 pm
@BeckyD - some people either alternate- four days one week, three the next. If the ex is not earning or on a low wage, or considered the primary carer (the one who organises everything), then CMS will expect the father to still contribute. His CMS is reduced by the amount of nights he has his kid over. Paul.
BeckyD 10/11/2016 at 4:23 pm
Hi, my partner has our step daughter 3 nights a week, but picks her up every day from school and her mum comes around 6 o'clock two nights in the week to pick her up, she then has her from Saturday afternoon Untill Monday morning. The 6 weeks holiday all on us infact every school holiday. Caff card was involved once over custody and even wrote in a court note to the judge the amount of time her father has her amounts to joint custody. Why do men who have there children 3 nights a week ( there's not 8 days in a bloody week) have to pay, there's no way custody can be halfed with only 7 days in a week? We pick her up feed her tea bath her and she gets handed over fully fed and washed to her mum who then has to do nothing!! But we pay her for the pleasure!! How is this fair on the fathers???
ChildSupportLaws Editor 10/11/2016 at 3:09 pm
The only person who can claim child maintenance is the primary carer against the non-resident parent i.e the mother can claim from the father. Children cannot claim from parents.
Fred 10/11/2016 at 8:48 am
Can i take my parent to court for lost maintanance years after she left me and my bro aged 10 then ? I am now an adult but have been making an effort travelling down having spent years trying to get to know them and they dont want to know i just have wasted so much time trying wondered if i could get any funds back this way for time wasted ?
ChildSupportLaws Editor 02/11/2016 at 10:53 am
DLA is paid directly to your child and not to you, therefore your ex's child maintenance payments shouldn't be reduced. However, much depends upon other circumstances which you have not disclosed. Therefore, you would really have to ring the CMS directly regarding your question.
Susie 01/11/2016 at 12:36 pm
Hi, I have been searching everywhere for some guidance.
Ive been told I can claim DLA for my son's illness. My partner pays maintenece through a CSA schedule, he pays the full amount as he does not have shared contact.
My question is should he receive part of the DLA or can he ask for a reduction in the maintenence payments? He was already unhappy at the amount he was told to pay and know he has been asking friends if I have applied for it so I expect it to become something I have to answer soon.
Many thanks for you help
ChildSupportLaws Editor 24/10/2016 at 12:07 pm
If you are the main carer of your child, then you will be entitled to claim child maintenance from the father, for more information.
ChildSupportLaws Editor 24/10/2016 at 10:17 am
Child maintenance is paid via earnings, so when the paying person is not declaring their wages to the Inland Revenue then it is very difficult to prove, and for the CMS to extract money from that person if no tax has been paid. Your only recourse would be to seek legal advice about taking the matter to court. But this is costly and almost impossible to prove if he is being paid in cash and money is not going through a bank account. I'm afraid it is a loophole in the system that your ex is taking a risk being caught and prosecuted, but a loophole it is.
Angry Mum 23/10/2016 at 1:14 am
Hi, my daughters father doesn't support her. He has given me the odd 20.. but that's about it. I have tried to go through the CSA before but he is working illegally so doesn't pay the tax man either!! I know full well he earns a lot of money as he works as a mechanic & he also lives with his parents and pays no bills, board etc!! Is there anything I can do? It pains me so much when us normal people would go without when it comes to ensuring our children get what they need! :(
Morgs 21/10/2016 at 2:17 pm
Hi my x partner has taken my son on from the age of 3 months old we split last year. And he still has my son everyother weekend but i dont no wether i can claim csa of my x for my son
Can anyone help.
ChildSupportLaws Editor 14/10/2016 at 11:18 am
No. Every parent has the basic responsibility to provide for their child up until the age of 16, when they are legally allowed to leave school and get a job. After this age, it depends what your child chooses to do. If they continue in full-time non-advanced education, not higher than A-level equivalent, for at least 12 hours a week, then maintenance payments will continue until the child finishes the course or until they turn 20, whichever comes first. If you live in Scotland the child can appeal directly to the parent for educational support, but this does not apply in England where he is considered an independent adult.
jenlee 13/10/2016 at 4:17 pm
Hi, I am divorced and my ex has been paying me private child support. He stopped when my son started working full time. My son is now 21 and a full time student. He lives alone, is he eligible for child support?
ChildSupportLaws Editor 13/10/2016 at 12:28 pm
You would not be eligible to claim child maintenance, as children are not eligible to claim directly from parents. Your father could only claim if he has previously made a claim to the CSA and your mother never paid. He can't put in a fresh claim now (having never claimed before).
Mel 12/10/2016 at 6:39 pm
I'm now 22 and I'm seeking answers if I am eligible to get backdated child maintenance from an absent mother who did not pay me anything in anyway shape or form, with that be; clothes, food, Xmas gifts and or birthday gifts, and pocket money. My dad has brought me up since I was born but went to live with my mom but went back to my dad after a year and my dad has brought me up since then. I'm also thinking what's the point in doing this as I've had a great life without her but on the other hand, don't I deserve it
Cat 08/10/2016 at 4:34 am
I have two boys one 7 and the other nearly 4 from two different dads my eldest son goes to his dad's wed Thurs and then every other fri night to sleep depending on who's weekend it is to have him so that's 5 nights sleep one week and 2 nights sleep over the next week I don't get a penny from his dad even though I pick son up from school every day and we have tea every night mon-fri or because his dad doesnt finish work until 18:00 then comes and gets him from my house. His dad gets the child tax credits and family allowance too.
My other sons father gets him to sleep over sat night pick up is 11am sat then brings him home Sunday 5pm and I get £38 a week off him and the tax credits are in my name not his. So really my question is I've no idea how much I could be getting I don't know what the boys dads incomes are they both work full time have pretty good jobs I've tried guess work on the calculator on this link but it's hard to work out with guess figures. I've never gone legal it scares me but then I do think things are getting really expensive and I could do with some help. Thanks
Twright98 03/10/2016 at 10:43 pm
I have a daughter. Her father has a child to someone else and there's a month between both babies, I recieve less maintenance than she does? We're both single parents why is she getting more than I am?
Simon 03/10/2016 at 4:43 pm
My ex is going on holiday and I'm having my 4 children whilst she goes which I'm really looking forward to.
Should I still be paying full maintenance for that fortnight if I'm having them for more then half of it?
tidy 27/09/2016 at 1:21 pm
My ex is living with his partner and there 2 children, i have a son with my ex who i claim maintenance for, so i get less money my ex's partner claims maintenance for her 2 children with my ex from her parents address even tho she lives with my ex is this allowed?
ChildSupportLaws Editor 27/09/2016 at 11:08 am
If this wage is going through HMRC, then the CMS will be aware of this. If you can prove where he is working, then you can contact the CMS with this information. However, if his is not declaring these wages and is working illegally, then there is little you can do unless you can prove he is earning.
Ikceb 26/09/2016 at 12:25 pm
I have proof that my ex partner is currently receiving a regular wage for different sources of work, he is currently only paying the minimum payment as he has told cms that he is on benefits. What should I do?
ChildSupportLaws Editor 22/09/2016 at 11:05 am
I'm afraid if your ex is not working legally it is very difficult for the CMS to prove, because it is not registered with the HMRC and of course as soon as it was proven your ex may be liable for prosecution, thus defeating the object of trying to claim money. If your ex is on full-pay while on the sick, then you may be able to claim. However, if he is on SSP, then again this may be difficult due to the reduced rate of his earnings. I can only suggest you seek some advice - the Citizens Advice may be able to help.
ChildSupportLaws Editor 21/09/2016 at 3:00 pm
Yes, every non-resident parent has the basic responsibility to provide for their child up until the age of 16, when they are legally allowed to leave school and get a job. After this age, it depends what your child chooses to do. If they continue in full-time non-advanced education, not higher than A-level equivalent, for at least 12 hours a week, then you can claim child maintenance payments from your ex until your child finishes the course or until they turn 20 (whichever comes first).
Roni 21/09/2016 at 9:30 am
My ex is on the sick. But I know he still works for cash. He lives with his daughter so no house. I beg him to have 3 children once a week and it's a struggle. He does every now and then. I've had around £200 in the last 9 months from him. What can I do. I'm broke and really struggle. I can't work as I have no one to have the children ages 6, 2 and 1
Deb 21/09/2016 at 1:26 am
My daughter turned 18 and is in college which i am struggling to help support her with it on my own am i entitled to help from her father?
ChildSupportLaws Editor 20/09/2016 at 1:48 pm
You can find out via the CMS calculator here. I hope this helps.
Parky 19/09/2016 at 5:46 pm
I've been told I've got to have £40 a week took from my wage off £171 for 3children 1of whome works full time and her mother does not claim child benefit also I live with my partner who has 3 children all under the age of 14 and our 17 month old child what should Csa be takeing per week pls help I'm getting stressed
ChildSupportLaws Editor 19/09/2016 at 2:59 pm
I'm afraid if you have already attended court there is little we can do to advise further on this, as we can only give general/rudimentary guidance. I hope you manage to resolve this situation through further legal advice.
robert 17/09/2016 at 10:56 pm
im living in the uk and given birth to my daughter ...after few months my husband plan to take my daughter to Nepal to stay with her sister . Now his sister wants to have my daughter as shes doing everything for her .We already attend a court to try to get my daughter back but i dont know what else to do next ..do i have to stop my daughter child benefit n child credit as shes not with us now ..??? any help will be appreciated ..thanks
Soph 17/09/2016 at 10:46 pm
My partner had 2 children with his ex, his son is now living with us and his daughter with his ex. Surely nobody has to pay maintenance?
ChildSupportLaws Editor 09/09/2016 at 11:15 am
No. Unless the mother of his child put in a maintenance claim years ago and he has ignored it, then he will not have to pay. If the mother has never previously put in a claim, then he can start paying from now.
Step 08/09/2016 at 2:14 pm
My husband as just found out he is a father to a child of 14 that he knew nothing about til 3 weeks ago . My question is will he have back pay to pay for the last 14 years . Paying maintance from now isn't a problem .
Natalie 01/09/2016 at 5:58 pm
Hi, my partner works on an oil rig and does a 4weeks on 4 weeks off rota all year round, he has a two year old son and when home has 50/50 care. He pays regular maintenance every week but his ex keeps saying she wants more and more and keep putting it up, she has now said she wants £140 a week for the one child. My partner pays for all his sons clothes food nappies etc when he has him which is usually 3-4 nights a week when he's home. He is constantly being threatened with Csa as they have a private maintenance payment set up. What percentage of his wage should he pay? And should he pay anything for the four weeks he is home because he has 50/50 care. Thanks
ChildSupportLaws Editor 30/08/2016 at 12:45 pm
In theory if you have an equal shared care arrangement, then essentially neither one parent is allowed to claim from the other. However, as with everything there are muddied lines. I can only suggest you give CMS a call to work out whether you are eligible to claim.
Ellie123 29/08/2016 at 8:35 pm
My partner and I are separated and have decided to have the kids 50/50 which I think is great for the kids to have us both in their lives. We are splitting everything 50/50 which mean I was not going to be claiming for CSA but I am just curious that, as he is earning a lot more money than I am, even though we are going 50/50, can I claim? So that the living arrangements are consistant between the two homes? Thanks
jue 26/08/2016 at 10:25 pm
Hi am wondering if any one could help my ex husband stop paying child support 2 years ago but we are due back at court this week so has given the children 100 between the 3 of them to the grandparents to go out for the day saying it's csa but I've told grandparents csa can only be paid to the resident parent which is me so that money is a gift am I correct
ChildSupportLaws Editor 25/08/2016 at 11:45 am
If you have never previously made a claim through the CSA/CMS in the past then you can not make a claim now or receive retrospective back pay.
Mark 24/08/2016 at 11:05 pm
If my 16 year old son claims PIP do I still have to pay child maintenance to his mum. The reason I'm asking is because I would rather give him money than his mum because it doesn't get spent on him. Just want to make sure I'm still being legally abiding we have an agreement between ourselves.
Emsie 24/08/2016 at 6:39 pm
My daughter has not seen her biological father since a baby and is now 17, all of a sudden he is interested and is making contact with her. He has never paid a penny towards her upbringing or supported when she was really ill and challenging as a child. Am I able to claim anything now he has suddenly decided to show an interest or as she is 17 is it to late and he has gotten away with being seen as the good guy? I have never stopped access it was his doing, also she has known all alone about him and has her own photo album of him and his family which I made her.
Any advice would be greatly appreciated. Thanks
Gpaul1978 10/08/2016 at 9:42 pm
I have 3 sons all in receipt of dla, who I have 2 nights a week every week, and a minimum of 2 whole weeks at varying points in the year, obviously these children have extra costs associated with their care hence the dla however the extra costs to me doesn't seem to have been taken into account when my maintenance Liability has been calculate even though when all is said and done I am responsible for roughly a 3rd of their care over the year I feed them and clothe them take them to school which is quite a distance away and involves numerous buses this doesn't seem particularly fair is there anything I can do?
Chelle 09/08/2016 at 9:51 pm
My friend has 3 year old girl who's biological father disowned shortly after birth. He was physically violent and is Iranian. He's told his family his ex and daughter are dead and has disappeared. She is now mum to another daughter to her fiance of 2 years who child thinks of as dad. Fiance is Dutch and he wants to adopt, but at least he wants parental responsibility. And maybe they want to relocate to Holland. Can he adopt as father disappeared and violent? Can child take his name? Can they live in Holland?
ChildSupportLaws Editor 05/08/2016 at 10:26 am
You don't say whether you have a family-based arrangement or a CMS organised one. You are still required to pay maintenance - you can calculate how much you should be paying via the CMS calculator here.
ChildSupportLaws Editor 05/08/2016 at 10:23 am
If CMS was calculating the amount it would average the amount over the year, so there would be no break in payments. However, as you have a family-based arrangement it is negotiable between you. I hope you manage to sort it out.
DaddyG 04/08/2016 at 9:50 am
Hi,

I've being paying child maintenance for 2 years, my Ex has recently moved back in to her Mothers houses, our son spends three nights a week at my house, am I still required to pay maintenance?

Thanks for your advice
Shona 04/08/2016 at 9:12 am
Hi. I recieve a monthly amount from my 2 children's dad through mutual agreement not csa and he is asking for half of that back this month due to him having them for 2 weeks in the holidays.. It will be me having to still pay for all their new uniforms and shoes etc with no extra help from dad but he says I'm unfair if I don't
Am I?
ChildSupportLaws Editor 02/08/2016 at 10:28 am
Yes, as a rule child support if calculated by the CMS is based on an annual average spread across the year and takes into consideration the overnight stays, please see CMS link here for more information. However, if you have a family-based arrangement, then it is up to you as parents to negotiate between you and no specific rules apply.
ChildSupportLaws Editor 01/08/2016 at 12:36 pm
I think in this case he would be advised to speak directly to CMS Options, Plus, as the parent paying maintenance under the 2012 Child Maintenance Scheme if he has certain expenses he may be able to ask the Child Maintenance Service (CMS) to adjust the amount of maintenance he should pay, please see CAB whichI hope this helps.
Mummy L 01/08/2016 at 10:17 am
I have recently separated from my husband and we have two children. He will see them every other weekend and the odd week here and there in the school holidays. Does he still have to pay child support even when the children are staying with him on the off occasion?
Nicola 31/07/2016 at 5:43 pm
My partner has paid child maintenance for his 2 children since they split in 2006. In 2010 she moved to Scotland with 4 days notice and took the children with her. For 3 years he had
to travel around 700 miles round trip to visit his girls. He paid maintenance all this time, plus the cost of travel and hotels and caravans when he stayed up for weekends or a week at a time to have them for a holiday, as it simply wasn't financially viable to go to Scotland to fetch them back down south to live with him.

He then moved on, from east to west down south. The ex has now come down to the south east and England and wants him to have the girls half of them school holidays and once a months for a weekend.

The issue isn't having the girls! He wants to as much as he can! Especially as the ex has used the children as leverage to get her way in everything over the years. But he feels he is paying twice. It costs £100 in fuel every time he goes to fetch them (£50 round trip to collect them and same to bring them back), plus £70 per week maintenance plus around £50 -£100 for extra food etc to feed them when he has them. In addition, he has them on hols when they are away from their home and friends and so there is more onus on him to bring them out for trips and treats. This year he has been out of work for 6 months and still paid maintenance till he used up the last of his savings and has gone substantially into debt, but he is still berated. This year he will have the children for 8 of the 13 weeks of school hols, plus one weekend a month. That is 80 nights this year. Does that qualify him for any maintenance discount? It is the equivalent of 2 nights a week across the year, and I've read that if the children stay with him once a week the maintenance would be reduced by 1/7th, but it is simply impossible for him to have them one night every week as the ex lives a 5 hour drive away there and back. Thanks.
IP77 21/07/2016 at 11:46 pm
Hello,
my ex partner has agreed, 2 years ago, to pay £200 monthly towards our son but he has only paid for 2 months. I had to pay for everything even working part time and receiving benefit towards my rent. I've already contacted FM but I'd like to know if I can get all the money he owes me for the last 2 years. He works full time.
Thank you
ChildSupportLaws Editor 18/07/2016 at 10:48 am
I think in this instance I would seek legal advice, as while the CSA may not be able to extract money because of the accounts your ex files to the HMRC (which may may it look as though she is earning less when pitted against expenses), a court would look into the matter in more depth. However, you would have to be sure your ex is earning more than she declares through her lifestyle, i.e the car she drives, her standard of living etc that a court may be able to examine and ask her to demonstrate how she can afford such luxuries. The only downside is that if you lose, you will be sadled with the court costs. But it is definitely worth seeking some advice, as some non-resident parents do take the matter to court.
Subject7654 08/07/2016 at 8:40 am
Hello I'm trying to see if I can get back the money my farther has not paid. As the "child" am I able to do this?

Cheers
ChildSupportLaws Editor 27/06/2016 at 2:04 pm
Your child's father should pay until the end of the school year which is August 31st. The cessation of child maintenance payments usually fall into line with the ending of child benefit.
Clairetam1 26/06/2016 at 11:50 pm
My son is 18 and has just finished sitting his A levels and plans to go to university in Sept.
My ex stopped paying maintenance as my son has now finished sitting his exams. However I am still receiving child benefit for my son through to the 31st Aug so shouldn't I be receiving child maintenance until this date too.
We had an agreement through a court order which my ex never stuck too and has paid the same maintenance payment amount since my son was 2 years old!!!
Who is right him or me?
Mummy 25/06/2016 at 9:35 pm
My husband moved to New Zealand 4 years ago for work, he has seen his daughter for six weeks in that time. He is very generous with maintenance payments but us in financial difficulty. I could not survive on justy salary as we existed on two salaries before he left. However I have no idea what he earns, only what he pays me. I wonder whether there is a minimum amount which a completely absent father should be expected to pay as I am trying to calculate how much of a gap I have to cover financially
ChildSupportLaws Editor 17/06/2016 at 12:46 pm
If you feel it is in your child's best interests, you have the right to say no. If your ex has an issue with this, he can either suggest mediation or attempt to take the matter to court.
dee 16/06/2016 at 4:48 pm
my ex boyfriend doesnt pay me any money for our 2 children my daugthers 3 and my son 5months now hes wanting my son to stay over and dont want him to yet not tiill hes 1 my daugthet stays 10 nigths a month and he as her famliy allawance am i rigth to say no
Egglette80 09/06/2016 at 7:14 pm
Hi my ex has custody of my 2 children. We have had a mutual agreement for 5 years that I pay half of school uniforms and school trips but last October he said he was going to the csa for regular maintenence. When we split our solicitor letter said no maintenance was agreed due to our mutual arrangements. The csa said I don't qualify to pay any maintenance yet as I am self employed and don't as such have enough income. Things have been quiet since. Most recently my daughter asked me to pay half towards her school trip, she said her dad asked her to ask me. I refuse to do this as her father changed the arrangement but now my daughter is being told by her father why I should pay and is angry with me. I would quite happily go back to the original agreement but I refuse to do both! I also buy her clothes every month, pay for her mobile and she has a monthly amount of pocket money from me each month.
ChildSupportLaws Editor 02/06/2016 at 2:55 pm
This is a bit of a tricky situation now as now your son is 15 a court of law would take his opinion into account and if he is already living with his father, unless absolutely necessary the courts would be unlikely to change the arrangement. Regardless of the fact his father is not on the birth certificate, you as the non-resident parent would be eligible to pay child maintenance towards your son's day-to-day care if your ex decides to approach Child Maintenance Services. You are unlikely to force your son to come home, without making the application through court. The court would then decide what it thought was in the best interests of your son and as specified take on board your son's preference of where he wishes to live. Therefore, I can only suggest you seek legal advice to see if there is another way around trying to resolve the situation, but from this angle I cannot see one.
Asyoudo 02/06/2016 at 10:18 am
Hi, my son is 15 and has decided that he no longer wants to live @ home as he doesn't like my rules, initially I agreed for him to live with his dad and pay for his school lunches so his dad wasn't out of pocket as he didn't pay maintenance originally, and tried to call his bluff but this has backfired as he wants to live there perm. His dad said leave it a couple of weeks he will be back, which is not the case as I struggle to even see him at weekends now. I have pleaded with his dad/son to do the right thing and to come home which they have both refused. Now his dad is demanding money and saying I have to pay even though he has no parental rights i.e. not on the birth certificate. Could you advise if this is the case or I should just refuse payments and enforce my son to come home.
ChildSupportLaws Editor 09/05/2016 at 2:25 pm
You don't say whether the amount she is paying is via a family-based arrangement. If it is and your partner does not feel she is contributing enough i.e if she is working and earning a decent salary then a percentage of this should go to her supporting her children, you may wish to see how much she should be paying via the CMS calculator here. However, if she is not working and is on benefits for instance, then she would only be eligible to pay a flat rate.
Superwoman 09/05/2016 at 11:32 am
A little advice please myself and my partner are raising my partners children form a previous relationship due to mothers lifestyle choices. Contact is in a contact center once a month again mothers choice. Csa payments hav stopped and she is now meant to make regular payments, it's not a lot of money £20 every other week to pay for the boys travel to contact but she does not feel that she should pay as she is under the impression that the government pay for her children...! Yes from the horses mouth ( Jeremy Kyle comment??) however myself & my partner pay & raise the children, I don't mind that she wants to live her own life but I do mind that in the process she has abandoned her responsibilities to 3 beautiful children. She should be providing for the lives she brought into the world jst like a lot of men are bashed for not doin. It probably sounds like I'm more concerned about financial support rather then the emotional support but I would like to point out this has been going on for such a long time that for the first 4 years I was goin on and on and on about the lack of emotional support towards the children now we are at a point of excepting her lack of commitment however my core values expect that members of society that produce children should financially support their offspring regardless of their ability parent full time. Other then messaging/ phoning & beggin what can we do
ChildSupportLaws Editor 04/05/2016 at 12:34 pm
Unfortunately, there are no rules to say who should be paying for clothes etc and this should be agreed between you. Child maintenance is solely towards your children's day-to-day care, but it does not specify what your ex should spend the money on.
Spike 03/05/2016 at 8:28 pm
I currently pay my ex £155 per month through the CMS. I have our two children for about 160 nights a year, so my expenses for the children is fairly similar to that of my ex. I believe that the £155 is where my financial responsibility should end. My ex refuses to allow the children to bring clothes with them so I provide everything for them while they are here. I enjoy buying them clothes and always provide everything they need. However, it feels like I am paying twice for everything: once when they are here and then again via the maintenance. Should she be providing clothes for them while they are with me? If so, is there anything I can do to either reduce the payments or get the CMS to explain to her, her responsibilities?
ChildSupportLaws Editor 15/04/2016 at 11:10 am
Income-based Jobseeker’s Allowance and Income Support are not available to people aged under 18. However, single people may be able to get Jobseeker’s Allowance for a short amount of time if they are 'forced' to live away from their parents. With regards to the CSA, it only takes into account the paying parent's income. Also, you don't say whether he is at college or unemployed which would make a difference. If he is at college then your partner may have to pay until he finishes the course ( you don't say where the mother is, as she may be partly responsible too). It is difficult to advise on because it is an unusual situation. However, there are different ways to query or challenge a maintenance decision made by the Child Maintenance Service (CMS) under the 2012 Child Maintenance Scheme, Some professional legal advice may help too. The NASCA take on such cases, but they do charge and we can't verify how effective they are at getting results.
Juliachelsea 14/04/2016 at 12:24 pm
Hi, could anyone tell me something. My partner's son decided to move out of our home just before Christmas as he wasn't happy with our rules. He chose to leave and refused to come back. He went to stay at his aunts and she was no help at all in getting home. He is 17 and 18 in July. We made sure that his child benefit went to his aunt and we also lent him a car which he refuses to give back. We pay his mobile also. Anyway my question is this: Should we have to pay maintenance as he left of his own accord? His aunt said that at 16 he can leave home without our permission ad can claim benefit in his own right at the time. Now she we have received letters from the csa saying we have to pay. Why can't he get a part time job before he goes to university? Or claim benefits like his aunt said he could? Also both his aunt and uncle earn more than we do! Do the csa ask about their income?We didn't throw him out, it was his choice to leave.
I have researched this and have conflicting answers. Some say no we shouldn't have to pay, others just we have to pay. Morally we are happy to pay some money but the csa wants us to pay £90 week which we don't have.
Getting very worried now please can anyone help.
ChildSupportLaws Editor 12/04/2016 at 11:42 am
I'm afraid if the CMS can't give you an answer then I'm afraid we wouldn't be able to advise. Apart from to say it depends what your total income is. You may be able to find out more via its CMS calculator here.
Bahms 11/04/2016 at 12:43 pm
Hi, could you please clarify whether a nrp who is in receipt of dla/pip but is also working would pay child maintenance from his earnings or do the qualify for a nil assessment?
I have rung child maintenance options and service about this and they don't really seem to know.
Thanks in advance
Deedee 26/03/2016 at 9:23 am
My daughter goes to her dads once a week and he pays not a penny for her am I entitled to anything he saying I won't get anything cause he has her once a week n his Mam has her for 6 hours is this true ?
bongie 14/03/2016 at 10:10 am
hy. my child z 4 yrs and next yr shes going to gradeR and I wnt her to study in modelc skul. I feel tht the amount payable for hr z little can I apply or claim a rise from R400 to atleast 800 pr month?
Just-trying-to-be-a- 12/03/2016 at 10:56 am
I have 2 sons by different mothers. I have a direct pay agreement with 1 but the other mother has refused all attempts and has invoked CMS.

CMS are insisting that I provide personal contact details for the co-operative mother or they will insist I pay the whole calculated amount to the un-co-operative mother

Historically, each contact with CMS / CSA has involved mistakes and caused friction between parents which in turn causes detriment to the children.

CMS are bullying me into sharing personal data and acting as a vehicle of the uncooperative mother to disrupt the agreement I already have in place with the co-operative mum.

If they accept I have a second son and that mother has NOT contacted them , why do they need to cause distress and disruption by involving the co-operative mum in the uncooperative mother's case ?
Mummy 07/03/2016 at 8:14 pm
What can I do if the CMS have collected two months payments from the absent parent via deductions of earnings then passed them on to another parent with care in error. They are now telling me there is nothing I can do and my two children have to go without as they cannot get the money back even though it is no fault of mine. I have no money now and my bank are charging me. The CMS do not care
Riley 28/02/2016 at 7:50 pm
Hi, my ex works full time, my son is living with my mum temporary on a family based agreement I still receive child tax for him and do his day to day care every day he just sleeps in my mums home until I find a bigger home, would I still be entitled to claim from my ex
Oaul 25/02/2016 at 6:05 pm
Hi folks
I receive a war disablement pension , so once I put this into the csa calculated it comes back as 0 to pay for one child , however I sent a copy to the csa they replied I should pay £225 a month because I have a full time job , I honed child options agency and they told me that I should not pay anything ,
The child is my son so I exspect to pay something but surely with a disability pension it seems very high
Any advise would be most welcome
Kind regards
Paul Browne
ChildSupportLaws Editor 10/02/2016 at 10:32 am
I'm afraid your daughter could not take him to court as child maintenance is awarded to the resident parent, not the child. If your ex is on benefits, then there is little hope that the money could be retreived through the courts if you decided to pursue it, as child maintenance is based on the non-resident parent's earnings.
Jo 09/02/2016 at 3:37 pm
My daughter turned 16 last week, the nrp owes about £6000 , he's currently on benefits so I only receive £2.50 a week no arrears ,
I know I can't do anything to recover the money owed but can my daughter take him to court ? Also would she receive legal aid ?
ChildSupportLaws Editor 04/02/2016 at 2:55 pm
As specified in the article a flat rate is generally awarded to the parent who is claiming certain benefits. This is £5 per week no matter how many children are involved. It’s used if the paying parent’s weekly income is between £5 and £100 and they don’t qualify for the nil rate - please see gov.uk link here for further information.
kell 04/02/2016 at 9:45 am
I've been split from my partner years and never once paid for his 2 children he has them for a couple of weeks in the holidays and we're he can and says that's his payment cos he has to buy extra food he has always been on benefits... he has a wife and 2 children and his wife is now working but he's not would I still be entitled to anything seen as tho he's still not working
Sophie 01/02/2016 at 12:44 pm
Hi Can you please advise what the payments should be used for by the residing parent ??
Dela 29/01/2016 at 4:54 pm
My ex wife takes CSA payments but refuses to grant me any parental responsibility such as which school my child will goto or if he is taken abroad on holiday or what name he uses at school (she is using her boyfriends last name) My question is why should i have to pay CSA when my ex refuses my rights of parental responsibility?
AylaG 23/01/2016 at 2:23 pm
Some background info...my daughter is almost 9 month old and has never met her father. He didn't turn up to register her birth. I initiated a claim in November 2015. I received a letter this month from CMS stating that they'd worked out the weekly amount (which after deductions was £6.70) apparently, my daughters father was earning less than £40 per week (...he is a self employed lorry driver working for two haulage companies and his earnings go through his fictitious company)...I haven't received a penny to date!

On chasing up the claim, the money already owing (albeit £57) is now floating around in Limboland, as my daughters father has now suddenly decided to claim benefits!?!

Is there anything else I can do, other than informing the relevant authorities (HRMC and the benefit fraud line) as he has played the system for many years and is continuing to do so!

Thank you in advance for any advice/help.
ChildSupportLaws Editor 20/01/2016 at 1:43 pm
If you are in a family-based arrangement, then what you pay is negotiated between you. However, if your circumstances have changed and you pay via the CSA/CMS, then you need to take it up with the agency directly. If you think you are being treated unfairly, you can complain via which
ChildSupportLaws Editor 20/01/2016 at 12:32 pm
If you have a family-based agreement then the terms are agreed between you. If it goes through the CMS/CSA then the agency will calculate how much your ex should pay based upon his earnings.
JP 19/01/2016 at 8:57 pm
I have joint custody of our son and he now spends exactly 50% of his time with me. I am paying £250 a month to his mum. Is there anyway to change either your status as the non-resident parent or have the maintenance removed completely due to this 50/50 split?

His mum owns two houses and earns at least double what I earn, whilst I rent, so it seems completely unfair and stupid to me as she contributes nothing to his keep whilst he is here.
Thanks
Ellie 19/01/2016 at 3:53 pm
Is it illegal for an absent father of 1 to not pay 15% of their income? If the father is paying child maintenance every month but it is not the correct amount (ie 15% of net income as stated above)?
ChildSupportLaws Editor 19/01/2016 at 11:59 am
You will not have to pay child maintenance on his behalf. Child maintenance is the sole responsibility of the father and not the father's partner. The father has to be earning to be eligible to pay.
ChildSupportLaws Editor 19/01/2016 at 11:05 am
No, you are not responsible for your partner's children, any child support he pays will be based on his earnings alone.
lee 18/01/2016 at 2:45 pm
Hi
I asked a question but got no reply please can you help
ChildSupportLaws Editor 18/01/2016 at 1:44 pm
Unfortunately, if your ex is working illegally and not paying tax then you would not be able to make a claim on earnings not declared to the HMRC.
lee 18/01/2016 at 11:25 am
Hi,
My partner split up with his partner 7yrs ago now he has 2 children with her ... we have been on job seekers so paid child maintenance through them ... I have just recently started work so he is not working, will I have to pay child maintenance for him if he is not working.
Chels 17/01/2016 at 6:21 pm
My ex had a good job all paid threw bank he's self employed but now he's working a cash in hand job were do I stand with a claim and will I get awarded any thing from previous wages my daughter is a year and a held old he's only recently started working cash in hand so will I be able to make a claim due to that now
ChildSupportLaws Editor 12/01/2016 at 12:13 pm
One of the requirements for eligibility to apply to the CSA to arrange child maintenance is that the parent (or other person applying) has the main day-to-day care of the child. If your daughter no longer lives you, then it depends on whether she relies on you for financial support, if not, then it would be questionable whether you would be entitled to receive CSA child maintenance payments. You would have to contact the CSA directly if you feel you are being treated unfairly.
ChildSupportLaws Editor 11/01/2016 at 2:14 pm
There is nothing really that you can do, but trust your ex will have done this. Regardless of him not paying child maintenance, who he chooses to leave his property to is entirely up to him. Child maintenance is based on earnings not assets.
star 10/01/2016 at 1:46 pm
my son is now 24 years old father has paid no maintenance as self employed lope hole but made a will saying he would leave all property to son . can I trust this or what should I do
Helen 08/01/2016 at 5:48 pm
Hi, I have a 2 year old daughter and her Dad has never paid for her. He works full time and earns £300 a week. I am currently at full time college and am claiming income support. Am I entitled to any child maintenance being on benefits?
Graceeoneill 08/01/2016 at 12:10 pm
Due to some ongoing health issues, my daughter has been living with my mother for around a year now. Her bio father who doesn't see her but does pay though CSA is stating that as my daughter is living with my mother as arranged by the social services that he shouldn't be paying me but In fact should be paying whoever has the day to day care. He has contacted CSA on numerous occasions to try and stop the payments from coming to me but as I have stated to him I am still receiving child maintenance as I am the still her legal guardian therefore the payments still need to be made to me. Can I stop him from putting me through the ordeal of having to justify myself to CSA every time he contacts them? Thank you. Grace
ChildSupportLaws Editor 07/01/2016 at 2:25 pm
You can lodge a claim, yes, if your son is not working and in full-time government approved education. However, if his father is not earning and therefore does not have the incoming funds to pay, then you may be awarded a nil or flat rate payment.
clareeee 06/01/2016 at 9:39 pm
my son is 16 and in college and his father is in a mental hospital can i still claim child support
G 06/01/2016 at 9:47 am
Donater of a creation...can't call him a father as he never has been one to his son ...he baby sat once and I returned to a distressed child and has never had him for a night. What goes around comes around...
ClaireZ 27/12/2015 at 1:29 pm
My daughter is turning 16 soon and her father has said he is stopping his contributions, I thought he had to pay up to the age of 18, are you able to confirm what age his payments should stop. Also, he says he is on minimum wage but he is a bus driver for about 3 years, I have believed him up until now but saw a sign on the back of a bus which wanted bus drivers for £25k, can you advise me on my rights to see his wage slip and to claim back money he has not paid. Thank you.
ChildSupportLaws Editor 23/12/2015 at 11:52 am
I'm afraid you would have to sort this out with the CSA directly.
Angry mother 22/12/2015 at 8:59 pm
Hey, my son is 14 and his father has never payed a penny for him, even when he was working. He is now married and is a stay at home dad but has told the Csa he pays £50 a month. So he doesn't have to pay his other child's mother witch his he is no longer with!!!. A lot more than he should. Where do I stand on sorting out this problem?.
ChildSupportLaws Editor 21/12/2015 at 2:00 pm
I'm afraid not - the CSA cannot base a maintenance assessment on a partner's income - she cannot be held responsible for the support of your child.
Leah 20/12/2015 at 11:34 am
Hi there, my son is 7 and lives with me on a full time basis. My ex partner used to pay me maintenance until he decided to move out of the area and move in with someone else who already has 3 children. He is now a stay at home 'dad' for her and pays no maintenance for our son. His new partner works full time. I have told him that he is welcome to visit his son any time he chooses, and he chooses to see him once a week either on a Saturday or Sunday, and this depends on whether his new partner allows him to have the car or her children aren't playing sports. I don't mind that he changes things around to suit him, as my goal is for my son's happiness and for him to have a relationship with his father. However, financially it is a struggle for me as I am scraping pennies together just to pay my bills. I am wondering if there is any way I can secure some form of maintenance from him based on the household income?
ray 19/12/2015 at 7:51 pm
Hi. I am paying maintenance for my 14 year old son. Recently my son has gone off the rails and runs away. He currently doesn't live with me or his mother but at a friends . where does this stand with maintenance. Do I still pay the mother or the person looking after my son?
chaz 19/12/2015 at 4:45 pm
Hi my ex husband and I have been divorced as 5 years I'm really married. He takes our 4 kids 3 nights a week from 6pm until school time in morning then I pick them up he does not pay me a penny nor does he support with Christmas or clothing etc. Am I entitled to support with my kids being in his care 3 nights a week x
Reni 12/12/2015 at 10:37 pm
My partner has his son stay over 4 nights a week and has done since he was 2 years old He's now 8. His mum claims child tax credits and child Benifit and always has done. She does work but only in the past 6 months, so he only see her a little before going to school and for about 3 hours max after school when she has him. We have him Thursday after school until Monday morning when we take him to school. So not very much. We buy everything for him clothes, school uniform, school trips, school diners anything he needs we buy it for him. Is it right that she gets to claim child tax credits for him and child Benifit when we have him more than her. She has 2 older children who are 13 and 15. He use to pay her Maintenance before he was 2 and that was £50 a week but he has stopped paying it as he started having him more overnight which she was more than happy with. Also to add we have him over the school holidays the whole time
ChildSupportLaws Editor 09/12/2015 at 2:19 pm
You can see how much you should be paying for shared-residence of your child here. Also, now your child is 14, should you wish to take it to court if she refused access, your daughter will be allowed to have her say about whether or not she wished to see you and the courts would have to take her opinion into consideration. I hope this helps.
Micky 08/12/2015 at 5:23 pm
I have a 14 yr old daughter and I have her 3-4 nights per week and pay her mother £120pm. Her mother currently has 3 other kids by different father's and she does not work. But claims income support, child tax credit and child benefit for all four of her children including the one child I have with it. She brain washes my child against me and if I tried to stop the money I give her she would stop me having my daughter. Which scares me to death. I just don't think it's fair that I pay her so much when I have my daughter half the time and buy her clothes etc when she's in my care. Is there anything I can do?
ChildSupportLaws Editor 01/12/2015 at 3:06 pm
which should answer your question.
ChildSupportLaws Editor 01/12/2015 at 11:46 am
Your only option is to take it to court. Please see link: When Your Ex-Partner Denies You Access, here. If you can't sort it out between yourselves, and if your ex refuses mediation, then you would have to take it to court. Your M-I-L has no rights, other than what your ex gives her. But you do, as a father, have a right to see your son.
Sarahjane 30/11/2015 at 11:12 pm
Hey, me and my partner have spilt up, he is living with family but he has two kids that cannot stay with him,; therefore the kids are staying with me. I have a child of my own and studying at college full time. Can I get any help benefits wise for the children, as I am not their mother.
They don't see their mom.
SadDad 30/11/2015 at 12:03 pm
Myself and my Wife seperated several months ago .It was completely out of the blue and I discovered that my Mother In Law had changed the locks on the family home. She has been bullying my ex partner into not letting me or my side of family see our 18 month old Son. The ex partner took so much of this abuse one day that she took an overdose which miscarried our second child. Mother In Law called Social Services within 10 minutes to get temporary care of my Son ( all happened when I was at work ) . I came home and my Son was gone and MIL would not allow me to see him at all, against me and childs Mothers wishes. The problem now is that I tried really hard to get a place to live in same town as my Son and myself and ex-partner were really amicable and everything was working great with contact etc . But she admitted to me that her Mum is fighting her every day to not let me or my extended family know my Son ( I know its bad , but I recorded the conversation ) . I feel that the MIL thought that I was out of the picture for good and the last thing she expected was to see me living beside my Son and caring for him on the days that she had desiginated as 'her' days with 'her Son ' ( as she calls him by mistake ) . We were married at time of Sons Birth and I am on Birth Cert. I havent seen my Son in a month as ex partner has been unwell and it seems MIL has him in her house with ex partners consent. Does the maternal grandmother have any right to do this ?Social Services have said they have no concerns at all about me. Really hard seeing other Dads with their Sons out shopping /Santas Grotto coming up to Xmas . I have paid money every month and got oil and heating for house where child lives with Mum . I dont know if my ex has chosen her Mum over her childs Father or if she is scared of her . Its just the MIL is really quite racist and snobbish and this is not how I was brought up , and I fear that my Son will learn the wrong things from Maternal Grandmother . Is there anything at all I can do ? I have contacted solicitors ,gov ministers, MPs , organisations , social services , police and absolutely no one will help in any way .
mrsoph89 13/11/2015 at 4:05 pm
Hi I have two children (5 and 3) both with the same father. We split for good two years ago, but have been on and off since becoming pregnant with my first.
He has never paid maintenance, he point blankly refuses, but pays £15pm for activites. I am currently at University and he says that was my choice to put the children in that situation. I'm struggling daily to even feed them with all the other bills I have to worry about.

He sees them every other week Saturday 12pm- sunday 4pm.

a) can he refuse to pay more? he doesn't think we need it.

also I was invited to go away for a weekend with a friend. Its his weekend with the kids and so my parents would be the ones he dropped them back to on the Sunday. Because he doesn't get on with them, he says he wont return the children and that they will remain in his care permanently.
Can he do this? Can he withhold our children when I arrive back?
Obviously I wont go if that's the case. I just feel he is doing it to control what I do, and limit me in any way possible.
Any advice welcome, I'm so confused of my rights, and he seems to tell me all of his.
ChildSupportLaws Editor 13/11/2015 at 12:38 pm
It is a tricky subject if you are living under the same roof, who is paying the bills and the rent/mortgage. The fact that you haven't really yet separated would make it difficult to claim child maintenance while you are living under the same roof. The agreement at this stage therefore should be family-based and on your joint care for your children. If you need any further advice you could ring the CMS via which
Mandy 12/11/2015 at 3:18 pm
I have been separeated from my partner since aug2015.We have two children 11 and 9 years.I do not work as my ex works unsociable hours so I was always the homemaker.I receive child tax credits but no other benefits.Im still living under his roof until I can get a council house.Should he be paying me any maintenance as he has not paid me any money since Aug.He says he doesn't have to pay me any money as I am still living under his roof.Is this correct
ChildSupportLaws Editor 27/10/2015 at 12:31 pm
You can see what benefits you may be entilted to from the Turn2Us site here.
Shauny 26/10/2015 at 2:04 pm
Hi, I am the father of a 15 year old, he came to live with me at the beginning of August this year.
His mother until now has paid me £100 per month, today I received an email saying she had left her job, other than paying £50 of the £100 for this month, going forward until she finds a job she can't pay me any money at all.
As she lives 25 miles away from her work I would imagine she left the job through the travel being too far, which I understand but surely her commitment to paying towards maintenance should be foremost in her thoughts rather than saving on petrol?
That is by the by and not my question. I would like to ask if his mother is not paying any money at all am I entitled to any money through the CSA or anywhere else?

Shaun
Shazza 25/10/2015 at 4:23 pm
What's the procedure for suing an absent father for maintenance? My son's father has hardly given me a penny since my son was born. My son is now 8 years old and I feel that his father has to take some sort of responsibility financially at least since he such a joke when it comes to see in his son.
Cherry 15/10/2015 at 3:16 pm
Hi

I have my daughter 5 days a week and she stays with her dad at the weekend. He does pay me the required amount set out by the CSA but nothing over and above that which is fine. However he is planning on taking shared paternity leave for his new child and says that he will be reducing my payments for the months that he is off work. Is he allowed to do this?

Thank you
Charlie Editor 05/10/2015 at 3:15 pm
@Chezz - If your child is not living with you and you are claiming child benefit and child tax credits on his behalf, then this is not legal. These are payments for the resident-parent. Your ex may also be able to claim through the CSA if you are working full time.
chezz 05/10/2015 at 11:24 am
Hi, my son 11, always had regular contact with his dad staying most wknds because of this I never claimed csa. However my son has now gone to live with his dad because apparently it's way better but now his dad wants to claim csa from me child benefit and child tax credits. He works full time and his dad lives with his mum. Do I have a leg to stand on? And can he do this. I work full time.
ChildSupportLaws Editor 28/09/2015 at 2:40 pm
I can only suggest you complain via whichif you think you have been dealt with unfairly.
wendy 28/09/2015 at 11:20 am
hello I haven't had maintenance for a year I did phone maintenance there told me he has left his job but then went back to work there in march there said there was looking in to it all I have done is call them ever mouth and don't tell me much its a if I get no were I told them his address there said the letters keep coming back to them I told them were he works and he dose work there cas my sister in law works with him and I have told maintenance this I have 3 kids with this man and he dose not see them at all he gives them nothing and when I ask for a call back from maintenance I don't get one so is there anything I can
greeneyes 25/09/2015 at 9:34 am
I have 3 kids to my ex 20 19 17 he way payin 300 per month whixh i was receivin he then dropped the pay to 200 an said thats wha he was told to pay he said if i challenged it i would get nothin that was nearly 1yr an half ago i recenrly got letter from csa an on my ex claim he put that he has my kids 52 nights a year whixh isnt true he has never bithered with my kids he has another 7 an acts as if mine dont exist i dont have family ti look to for support an have a number if illnesses he has had my kids two of them anyway twice this year over night once in january and last minth once am i entitled ti get bk from him what he took
ChildSupportLaws Editor 18/09/2015 at 2:57 pm
It depends whether you have a family-based arrangement, which is sorted out between you financially. However, if you wish to check what she should be paying, you can do this via the CMS Options site here. I hope this helps.
Al 17/09/2015 at 6:05 pm
My ex wife has my son at a maximum 2 nights per fortnight, she pays half of childcare costs and pays half for outside activities, but should she be paying on a weekly/monthly income basis payment?
Sonia 31/08/2015 at 4:04 pm
Hello. I haven't received my child maintenance this month still. Is anyone with the same problem? Thank you
Jem 30/08/2015 at 12:07 pm
Hi. My daughter is 9 years old. My ex has always dodged Csa payments by job hopping and withholding information. He is currently in receipt of JSA and is apparently starting full time education soon and then possibly going on to university for 3 years full time. He's 32. My question is will he have to pay Csa if he is in full time education , I think he may get a part time job. And he also owes a few hundred pounds in arrears. Many thanks.
flo 28/08/2015 at 7:56 pm
My son is 5 and his dad paid reg maintenance through csa but he pays direct to myself ..how can I keep eye out on his earning n if he paying right money hr pulled few stunts before in past n although he pays Wkly when he has pur son for a wks holiday is the maintenance for tht WK stop thanks
ChildSupportLaws Editor 28/08/2015 at 2:23 pm
Is this a family-based arrangement or an agency one? If it is a family-based arrangement, then payment is worked out between yourselves, if you are arranging it through the CMS/CSA, then your case should be reviewed annually. Please see the child maintenance calculator, link here which should tell you how much you should be receiving. I hope this helps.
ChildSupportLaws Editor 28/08/2015 at 10:32 am
Yes, you will be able to claim. You can find out more information via the CMS Child Maintenance Options website here. I hope this helps.
Kay 27/08/2015 at 7:34 pm
My son is almost 12 yrs of age and my ex partner pays me 17.50 pw. This is becoming an issue and he refuses to help out even tho he's in full time work. He's payed this amount since we separated when our child was 6 months old. Would I be entitled to more or is this arrangement the best I will get? Only asking as things are becoming a struggle. Would be great fun for any advise.
sarah 27/08/2015 at 9:41 am
Will i be able to get maintenance for my 2 boys aged 12 and 9 they have different dads but neither have ever paid anything or is it too late to claim
Mamasama 20/08/2015 at 8:18 pm
My ex and i have been apart 9 years. In the past he has always been quite good contributing but last year he decided to walk out of his job. Since then he has been buying and selling on ebay and car boots etc, he hasnt been paying a penny for our 2 children since he quit his job. How could i get some child support? Im pretty sure he wont be paying tax or national insurance and i have no idea of his exact address (this changes between his current partners and his brother). Is there anything i can do?
Thanks
ChildSupportLaws Editor 20/08/2015 at 12:15 pm
Yes, you would be entitled to child support regardless of whether you were married or not. Please see the Child Maintenance Options site here for more information.
LadyLoves 19/08/2015 at 12:00 pm
Questions
My ex lives in his own 1.5 million pound house
Earns 5-7thousand a month self employed

We have one child
I live with my mother
Our baby
I have a small income of £1250. A month.

We weren't married
Would I be entitled to anything
ChildSupportLaws Editor 13/08/2015 at 12:20 pm
I can't advise here as it is usually a situation arranged between the two parents. If your ex is claiming benefits and your daughter is not living with her, then theoretically you will more entitled to claim. However, I can't predict what the courts may decide.
Andy 11/08/2015 at 7:22 pm
I am separated from my wife, and look after our son and my step daughter. My wife has never contributed financially, hardly sees the children (her choice), and they never stay with her.

Can I claim child maintenance for my step daughter even though I am not her biological parent, and do not have any legal parental responsibility for her?

To complicate matters, her mother re-entered the UK from Malawi with a new name so technically her mother is not in the UK and is not the woman I married.

Alternatively is it possible to claim child maintenance from someone who has been given guardianship of a child? Her maternal aunt became her guardian in Malawi (though she also lives in the UK) but it is me who looks after the child my step daughter.

So any advice on the process to get child maintenance, and how it would work in this situation would be much appreciated.
Tank 11/08/2015 at 11:00 am
Hi I'm separated from my only child's mother, I have my daughter Monday to Friday including over night and Saturday day time my ex has my daughter Saturday night and Sunday daytime, my ex works day times but part time, she claims child benefit and child tax, she states that she is entitled to the benefit as she the child's mam. Who should be claiming what? And do I pay her maintenance even though the child lives with me? Please help as I'm close to going to court to get this sorted. Many thanks
Hetty 26/07/2015 at 4:53 pm
My ex is refusing to give me the agreed maintenance amount for the week he took our two children on holiday, this was never agreed beforehand or in our mediation agreement when contact & holiday & maintenance amount was agreed. I always thought maintenance was an agreed amount payed monthly? I didn't realise he can just reduce it when it suits him?
buddysmum 26/07/2015 at 12:10 am
Hi I have a 3yr old with my ex partner he has 4 kids to previous marriage which he has paid child maintenance for from they parted! We always had mutual agreement were by he pays me maintenance for our child and has regular contact/overnites basically whenever he wants which has been gud until now? He still has all contact but mutual payments have stopped. I wish to go thru CSA but not sure of my rights or worth my hassle as he already pays for his other 4 kids to his ex wife? Please advise on my entitlements !
jenney 23/07/2015 at 7:23 pm
Hi my Son is 14 and has behavioural problems. His dad does not hardly ever see him or pay for anything. Never has. I think it's disgusting he is signed off sick. Literally I can not manage financially and think even if it's a small contribution they should be liable for there children even if they do not bother to see them D
Nick 18/07/2015 at 3:39 pm
My son is 15 and I have paid maintenance via private agreement to his mother since he was 3. He is attending college residentially in Sept (2 years 7 days a week) and I will be paying his accommodation fees. I will also be paying money into his account for food.

His mother is insisting that she is due maintenance even though he is not living there, that cannot be right surely?
kelcie 12/07/2015 at 8:56 pm
hi there I'm now 28 my parents split when i was born. a court order of some kind was set up and he was ordered to pay maintenance, yet my mom said she never received a penny he said it was paid into an account in my birth name, as not long after they spliy my name was changed through depole. he is named on my birth certificate. he hasn't had contact since i was about 1 i no where he lives ect.
i just want to no how i can go about finding this mystery account and whether he did pay or not and if its sitting in an account waiting for me.
can anyone help?
ChildSupportLaws Editor 14/07/2015 at 2:20 pm
@Gemiez - a two week holiday would not be enough time when spread across the year to warrant a variation in payments through the CSA. However, if it is a family-based arrangement and he is caring and providing for the children on a day-to-day basis, as you do throughout the year, then it is up to you whether you give him the concession and relax the payments for the period.
Gemiez 11/07/2015 at 10:03 pm
If my child stays with the father for a week should I then give him money for my child as he says I shouldn't have the Csa for that week if he has my child
Tt1976 09/07/2015 at 9:58 pm
Return from the U.S. After my relationship ended with child's father, we were not married. My son was 2 at the time. He is now 14 and just wanted to find out how I would obtain sole custody of him, his father has no contact with him as he is in the U.S. And makes no attempt to be, in his life, how do I get sole custody
ChildSupportLaws Editor 09/07/2015 at 12:11 pm
@Hey Jude - I have included a CAB link here which will help you see whether you are eligible. It is unlikely that the courts would take your daughter from you and transfer residency to your ex, if he has had limited contact. The courts will always opt for what is in the childrens' interests and that means consistency and stability which you offer.
Hey Jude 06/07/2015 at 4:35 pm
Ok, so need some advice on child custody (in Scotland). I broke up with my daughters (x2) father more than 8 years ago. We were never married and the children have always stayed with me permanently, with ocassional visits/ overnight stays with their father whenever he decided he was free. It has never really been amicable. Our daughters are 10 and 16.
He has now decided he wants to go to court for joint custody of our 10 yr old.
Initially he was paying money into my account, but this stopped. Then CSA found him and the money 'officially' resumed. About 4-5 months ago, the child support money stopped again, due to him losing his job, so I've been trying to manage on my own, despite only working 2 days a week.
Do you think I'd be legible for Legal Aid? Do you think he has a leg to stand on? This will be a huge upheavel for our youngest daughter, and undeniably it will cause distress. I'm extremely concerned about the whole situation and how this will affect our daughter.
ChildSupportLaws Editor 06/07/2015 at 12:29 pm
@Archie222 - yes, dependent upon her circumstances and whether she is working etc, if your son comes to live with you and he is studying at not higher than A-level equivalent, for at least 12 hours a week, then his maintenance payments should continue until he finishes the course. Please see link for how child maintenance is worked out here. I hope this helps.
Archie222 03/07/2015 at 5:08 pm
My only child (16 year old) is starting colledge. When this happens, he wants to move in with me his father. He lived at his mums after our separation for the last 10 years. I have paid maintenence throughout. His mother is remarried with younger son ( to the new husband)) she works part time. Can i claim maintenance from her now. She claims that as i will get child benefits for him im not entitled.
ChildSupportLaws Editor 11/06/2015 at 10:45 am
@M477 - You cannot reduce your rate of child support, as every parent is liable to support their child regardless. However, you can ask the courts to trace your child in order that you can apply to regain contact/access. You will need a C4 court form, which is an application for an order for disclosure of a child's whereabouts. You would also need to apply for a contact order at the same time. I hope this helps.
M477 09/06/2015 at 12:09 pm
My wife has ran off with my one year old daughter and wont tell anyone where she is. She wont even let me see her (its been 2 and a half months now).
If she doesnt let me see my daughter do I still have to pay child maintenance, can I apply for a reduced rate ?
Why would it be that she can make it so I cannot see her, but still be made to pay these rates ?
I have a letter from social services detailing my contact with them wanting to see my daughter and that there is no reason for me not to see my daughter other than her not wanting me to see her!
ChildSupportLaws Editor 29/05/2015 at 12:33 pm
@a1 - I'm afraid you cannot claim. It would have been down to your mother to do this.
a1 26/05/2015 at 10:26 pm
Hello. I'm after a bit of advice... I'm 21 and just finishing off my degree in Business. My mother and father seperated when I was around 5/6. I rarely saw my father from around the age of 7/8 and saw him a couple of years ago after his fathers (my grandfather) passing after about 8 years. My father has never paid anything towards me - not even money in a card for birthday/christmas or child maintenance to my mother. I would like to know if I could go about claiming anything back from him for the years he hasn't supported me financially. As well as not supporting me financially, he has spoken to me a handful of times in the past ten years and at his fathers funeral basically ignored me. I want to know if I can get anything from my absent father.
ChildSupportLaws Editor 26/05/2015 at 10:02 am
@Nina123 - You would really have to speak to the CSA. However, if she went to live with her dad, then you may have to pay the CSA directly to him and you would then obviously cease paying for her daily welfare and care, unless of course you still wanted to continue to pay for certain things. Alternatively, you could work out a family-based agreement between you and your ex, if that would work better.
Nina123 23/05/2015 at 3:27 am
My youngest child (17) has decided she wants to live full time with her dad, I still get csa money as she is a full time student. I pay for her phone, bus pass, dinner money and the majority of her clothing. I can barely afford this with the money I get through her dad. How would it work, would I need to pay her dad or would he continue to pay me since I pay all her bills? She is still currently staying with me until everything is sorted.
taayka 19/05/2015 at 4:01 pm
I am a dual citizen of the UK and Egypt. My wife is Austrian. Our 8 year old son has 3 passports; Austria, British, and Egyptian. Although the child was born is Vienna, we only actually moved to Vienna when he reached 15 months. Prior to that we had lived in Dubai and Cairo.
In the last 7 years there had been a strong of events taking place that reflect the mother's incompetence as a parent. I would add selfishness to that. I am the prime caretaker of the child and we still all live together (legally married) however she is seeing someone else. Being an interfaith marriage, we had agreed prior to marriage that the children would be raised as Muslims. I am a totally tolerant person and respect religious diversity. His mother however keeps telling him you can't tell your Austrian friends you're Muslim because they don't like Muslims over here. Note that she barely agreed to him taking up Islamic religions classes at School (in Austria). A few months ago the boy came up to me with his mother's mobile phone and told me blaaaaaa look at these disgusting photos. Basically these were a few photos of his naked mother masturbating and some random guy in a similar position. A couple of weeks ago my son told me that his mother took him on her lap and let him drive for a couple of minutes. I confronted her about both incidents and her response is that: what's wrong with that?!
I currently don't have a stable job in Austria and thus if I'm lucky with an unbiased judge, it would still be difficult for them to grant me custody under the circumstances. I can only guarantee accommodation and private schooling fees in Egypt via my family if I return there with my child. Please also note that I am the one looking after the child: waking up, dressing, breakfasts, lunch boxes, school drop off, hygiene, you name it! His mother works less than 18 hours a week and doesn't pay taxes - so it's not like she's a super busy career person. She skips at least a couple of nights every week and even when she is home she would rather take the kid to have a cookie or doughnut at McDonalds for breakfast so she can have her coffee, rather than making him (or buying him) a normal healthy nutritious meal.
I am so frustrated with this situation and I am not thinking about the well-being of a child still under development. I am also thinking about being in a place where I am more likely to be able to support myself and have family around me to support me with this journey. Lawyers have advised me that leaving the EU with the child would be the only solution to remove my child from this environment without legal intervention, which in the case of Austria tends to favour the citizen's side especially the mother. Any ideas?
Welshgirl55 19/05/2015 at 8:39 am
My partner has two children with his ex. She has on and off stopped contact and resumed again. His son now stays with us Monday to Saturday. (He goes home Saturday night). My partner pays csa for both children on the basis they stay one night a week. When he contacted csa to tell them his son was with us for 5 nights a week, they had to phone the mother, she denies he stays 5 nights and that he only stays one night! I don't understand how they can just take her word for it and now we have to pay to get a court order stating we have him 5 nights, which we really can't afford especially as we also have a baby on the way.
ChildSupportLaws Editor 14/05/2015 at 10:38 am
@JRock - I'm afraid you can only claim maintenance from him and his earnings, which has nothing to do with his new wife. If he is not registered as earning, it is unlikely that you will get any money from him if the CSA has ruled that you haven't a case. Obviously working cash in hand is illegal and whether you want to report this to the authorities is another matter. However, it still doesn't solve your own problems which is that as far as the CSA is concerned he is not earning and therefore is exempt from paying for his child.
JRock 12/05/2015 at 9:50 am
My ex is refusing to pay for his daughter and has done since we split in 2008.
I have tried to claim through the CSA, & each time they come back with 'a nil income' therefore I am entitled to nothing from him. ( although he tells me he is working, cash in hand obvs..) :-/
He recently got married, and I was just wondering where I stand on claiming some maintenance from him under the new maintenance guidelines/laws?
ChildSupportLaws Editor 13/05/2015 at 12:26 pm
@Mishy63 - I'm afraid this is often the case with people who are self-employed. They can become pretty smart at hiding their earnings, especially if they employe a good accountant. The CSA does what it can to get the money, but the fault really all comes down to the person who is trying to avoid paying in the first place.
Mishy63 11/05/2015 at 4:14 pm
My partner and I separated in December 2000. At that time our son was 4 years old. He's almost 19 years old now and I have never ever received even 1p from him in child maintenance. I applied through the CSA and they have never been able to collect a penny from him. He has been caught twice by the benefits office for claiming whilst working, yet he still works as a self employed gardener, always has, and has always maintained that he is unemployed. He lives the life of luxury whilst we have struggled through all these years. I told the CSA years ago that he was working, and they told me I had to prove it. I've always worked to keep us , and I think it's a joke that an absent parent can get away without ever having to pay a bean towards raising their child. Well done CSA, I have absolutely nothing to thank you for ........
bunny2912 01/05/2015 at 11:24 pm
My ex boyfriend won't sign the birth certificate cause he thinks it means he won't actually be the dad so he won't have to pay anything, is this true or does he still have to pay he is the only person I slept with over the last 5 years so it obvious it his he saying it's not just to get out of paying anything, how does it all work, I don't know what to do and wether he has to pay and can I get a dnt test done with just finding out the baby's dnt or do I need my ex boyfriends aswell just to prove to him it's his
Lolz 23/04/2015 at 11:01 am
Up until recently, I was claiming maintenance through the CSA for my 2 children with my ex. One child has decided to live with my ex, whilst the other remains with myself. Can I claim maintenance for the child that lives with me?
Si Editor 08/04/2015 at 12:27 pm
@lea86 - you could approach the CMS and see what they advise - but you may have to take it to court to prove paternity.
lea86 05/04/2015 at 5:00 pm
Hi, can I claim off my childs biological father if he is not on the birth document and someone else is?
ChildSupportLaws Editor 07/04/2015 at 11:34 am
@Olive - If the non-resident parent earns between £5 and £100 per week, they will pay a flat rate of £5 per week. This includes people who are on state benefits, Job Seeker's Allowance, Incapacity Benefit, Bereavement Allowance, Income Support, State Pensions and certain other benefits. This rate will be the same regardless of how many children they have. In the case of state benefits, the child maintenance is usually deducted at source. The CMS do charge for their service of collecting payments. You can talk to its advice line via whichI hope this helps.
Olive 03/04/2015 at 3:09 pm
Can I claim CSM from the father of my 2 children if he has not paid for 8years and has not worked for that length of time .As my children are still growing and need clothes it is a struggle to buy new clothing whilst paying bills.
austenland 02/04/2015 at 1:44 am
hello,
I came out. Of a physically/emotionally/sexually abusing reletionship last year. My ex partner is from abroad. The CID took me and my baby out of the house where we were living and supported us in finding a house far away, the police supported in name changing etc. I didn't end up pressing charges because my ex left the country. His name is on the birth certificate. I am wondering, if he ever decided to find us and try get access to our daughter would he be able to? Baring in mind he said his family were looking for us to kill us and he wouldn't care if they did, plus stealing money from me, and being generally abusive. I haven't had any clue whether he would try get access but I'm scared if he did. He used to always threaten to run abroad with my daughter - he lives in a country which is currently experiencing war.
Sal Editor 02/04/2015 at 11:46 am
@cazza - yes you should if it is government approved. Sal
cazza 31/03/2015 at 2:29 pm
My son is turning 16 this year & is thinking in enrolling in an approved training programme will l still be able to receive maintenance payments (Scotland)
ChildSupportLaws Editor 01/04/2015 at 3:00 pm
@Cerianne - you can find out via Child Maintenance Options here. I hope this helps.
Cerianne 31/03/2015 at 1:25 am
Hi I'm jus wondering if anybody could tell me I have split from partner I have 2 babys I'm wondering Hm Csa would I be able to claim
ChildSupportLaws Editor 31/03/2015 at 2:40 pm
@peanut - I'm afraid not. Only your mother would be entitled and only if she had put in a previous claim.
peanut 29/03/2015 at 6:53 pm
I am in the process of tracking down my biological father. Once found, would I have a legal claim regarding backdated money from birth? Thanks in advance.
ChildSupportLaws Editor 23/03/2015 at 12:19 pm
@billy - Child maintenance can stop if your daughter is 16 or over and getting certain state benefits, which includes Income Support. I hope this helps.
billy 19/03/2015 at 4:54 pm
My partner is paying maintence for his 18yr old daughter who is still in f.time education...however,his daughter is no longer living with her mum(who is claiming c.m payments).his daughter is being rehoused through a scheme where she will have help with the rent&c tax,etc..&she will also receive a giro every wk to help with general living costs.is my partner still required to pay maintenence to the mother even though the daughter doesnt live there?
ChildSupportLaws Editor 18/03/2015 at 10:28 am
@macky. Yes, but it is dependent upon the situation. In 2013 the law changed, making it compulsory for all UK children to continue in some kind of further education until the age of 18. This is not necessarily a full time college course - it can be an apprenticeship or full time employment (over 20 hours a week) that includes some education or training.
(There are certain higher education courses, such as apprenticeships, that do not count as full-time education, so it is important that you check with the CSA). The absent parent will continue paying child support in these circumstances. However, should the young person change their mind and decide that he/she wants to get a job and not continue in full-time education (which includes studying for 12 hours or more a week) then child support payments would end in the September after his/her final school term. I hope this helps.
macky 15/03/2015 at 12:59 pm
Is the child entitled to any money paid once they are 16?
Sasha Editor 11/03/2015 at 2:25 pm
@Gurpz - is the CSA/CMS aware of his earnings? It will do a review if you feel your ex is not paying enough.
Gurpz 09/03/2015 at 11:52 pm
Its a joke I have one child and work part times I have allowed my ex to see our child every weekend and he is only paying £50 a week while he is earning 25k-30k plus a year and his one month pay is the child main for the year.
Why they get it so easy.
So angry £50 a week for a child how are we suppose to manage on that
Dan Editor 06/03/2015 at 12:17 pm
@Mr Man - his payments should be regular, but at least they are on your bank statements to the CSA knows how much he is paying. You may need to give the CSA a call to double check if it is OK to do it this way. But as far as I know it should be a certain amount each payment.
Mr Man 05/03/2015 at 12:12 pm
What if the absent parent pays with irregular payments. I mean some months he pays over the monthly amount set by CMS and some months he pays less (sometimes not paying anything at all).

At the end of the year he definitely owe's money to CMS, but I'm wondering how much?

Is it ok for him to over-pay some months but not to pay on other months?

Should I take each month that he didn't pay as debt, regardless off any over payments?

Or is it ok for him to pay the annual figure set by CMS whenever he likes?
Mark Editor 17/02/2015 at 12:07 pm
@Julie - CSA is only earnings based, not capital based.
Julie 15/02/2015 at 8:50 am
I have bought my ex out of our house and have our two daughters living with me. I paid him a big lump sum and have to pay £400 pm for the remaining capital of £25k as I couldn't borrow the whole amount. He has been reluctantly paying maintenance of £320 pm, which was an amount ruled by csa but he has now left his job by choice. He has a baby with a new partner but they have split up and the baby is living with him because the mother is an alcoholic. He says he can't work and that "childcare" is not available (it is). He has now reduced the monthly payment to£150. Can I make him pay with the capital he now has sat in the bank? Thank you for reading.
Mitch Editor 13/02/2015 at 1:46 pm
@Only me - only earned income that can be used for calculations regarding child maintenance payments. You might be able to claim on the interest on the interest of the estate as it is deemed as earnings, but not the capital.
Onlyme 12/02/2015 at 2:49 pm
I have custody of my daughter and she stays with her dad 2 nights a week. He is currently living with a partner and they have a child together. He is on disbalilty living allowance however they are due to come into a large amount of money. I have never had any maintenance payments from him however they are due to come into a large amount of money, would I be able to claim from them for maintenance payments?
Becca Editor 05/02/2015 at 2:33 pm
@Sue - it's all to do with personal earnings of the other parent's ex. If he's earning a good salary then your ex's girlfirend by rate of percentage will get more money to be the main carer of his children.
Sue 04/02/2015 at 12:04 pm
How can my ex husband deduct maintenance payments for our 2 children because his girlfriends son lives in the same household? His girlfriends son receives an amount of child maintenance from his own father which is greater than the combined payment received for both my children. Baffled!!
Pam Editor 28/01/2015 at 2:37 pm
@Heartbroken - I am really sorry to hear of your situation, but it might be nothing personal , it may just be that she wants to spend more time with her boyfriend. But, no, her boyfriend's mother can't claim.
Heartbroken 27/01/2015 at 10:05 am
My 17year old daughter has left home against our wishes and moved in with her boyfriend and his mother. Myself and my husband both work full time. Can the boyfriends mother claim child maintenance from us? Both my daughter & her boyfriend are in full time education and the mother is on benefits. Thanks
Potty 11 07/12/2014 at 1:52 pm
Hi my daughter will be 18 years old this month, her father and i got,divorced more than 8 years ago, he has support her financially over this years, but he sent me a message telling me that he is not supporting her any more, she is actually living in Colombia, she is studying at university full time over there, he has a very good Job in london, in the contrary i only work couple and my income it's very low, what can i do, please i need some advise.
Thank You very much
Suze Editor 11/11/2014 at 10:45 am
@Les......are you on good terms with your ex, could you talk to her directly? It seems it would be something better fitted to discussion (especially as your other children have moved in with you). Try approaching it gently, to see what her response is. If she doesn't agree then perhaps you could suggest mediation in order to resolve it to the best of all concerned.
Les 10/11/2014 at 12:41 am
I am divorced. I have three daughters and a son. Nearly eight years ago I split with my wife and moved away. One by one my daughters also moved away from their mother for various reasons but mainly it seems through the mothers inflexible approach to them. They all at some point moved in with me. My now 12 year old son is also beginning to feel the same pressures his sisters did and he is expressing his desire to have me as his residential parent. How do I go about seeking custody and what evidential proof is needed to support such a claim. He says he feels depressed living with his mother but happy and relaxed when staying with me. His sisters are all willing to tell their stories.
Doris 27/10/2014 at 3:18 pm
Please can I have some advice. My son and his girlfriend spilt up over a year ago and she will only allow him to have access if her Mother is there. He she not allowed to take her out on his own. Me and my husband her grandparents never get to see her beause I do not want to sit in her house being watched and we are also not allowed to take her out without her mother with us.

What is the 1st process to obtain non custodial access.

Thank you
Pauls 13/08/2014 at 10:02 am
My ex-partner has refused to pay child support for two weeks as he took my daughter on holiday for this amount of time. Can you tell me is he is permitted to do this? He has only the parental rights I have given him, not any legal ones and he sees her Fri to Sun once a fortnight.
dan Editor 03/07/2014 at 2:17 pm
@leigh230, you still have to pay maintenance even though you are unable to see your child.
Leigh230 03/07/2014 at 1:27 pm
Hi my partner has a child with previous partner the boy is 12 now my partner have just received a letter saying he gotta pay .... He haven seen him for many years due to his ex partner stopping him any sort of access .... She have now married some one else and said she is changing the boys second name to his step dad's name .... What will this mean for the real dad will he still have to pay even thore he's not been able to seeing him and haven done for over 6 years ...
lana 13/05/2014 at 4:16 pm
I have had 3 children and raised them all on my own, I have never received a payment from csa for any of them. I was told by the csa that they could not trace my children's father. How is this a fair system? My children are now all over the age of 18. I am proud that I have brought all 3 of them up on my own while working full time and not getting benefits, but feel cheated and let down by an agency which clearly doesn't work!
Vic 28/04/2014 at 6:20 pm
Hello I've been divorced for 3 years my ex used to pay regular child Maintainance payments for both of our children but stopped paying for my daughter as soon as she turned 18 even though she is still in full time education is this right ? He always pays late when he knows it's close to my payday to make it harder for me . In three years he has never had the children over night can I get help from the csa
Tom 07/04/2014 at 2:58 pm
Hi,

A year ago i met a girl and started seeing her with a view to starting a relationship. When we met we both made it clear we didn't want a child, to ensure this never happened I brought protection but was told by the girl, she was using protection.

Two months later, after one tantrum too many I decided to end the relationship. Two weeks later the girl phoned me, told me she was pregnant and that she was keeping the child. I told her that I was not financially ready for a child and reminded her that when we met she told me she did not want a child.

After months of arguing I supported the girl while pregnant and she gave birth to my daughter. My birthday has just passed and the girl expected to see me. I told her I was spending the time with my family, cue another tantrum. I reminded the girl that we were not together at which point she warned that she would seek maintenance money from me.

Do I have any rights in this situation?

Thanks
Tan82millie 02/02/2014 at 7:10 pm
My husband recently left me and my 2 young children. We have a mortgage together. I can not afford the mortgage on my own. My husband wants to sell up. Do I have any rights with regards to making him pay towards the mortgage and does this count as maintenance ? Thanks
Lou 18/01/2014 at 3:59 pm
I have been separated from my husband for over a year now. We have 3 children which live with me. He has one of his daughters to sleep every Monday and his son and 1 daughter every Wednesday to sleep, on his alternate weekends he sometimes picks them up on a Friday evening but not always, sometimes its Saturday morning. The third child doesnt visit it him at all. He has them every other weekend. In all this time I have not asked him for any maintaince as I don't feel comfortable asking him as I ended the marriage. However my eldest child is going to university in September. Also my youngest daughter goes to a school where a bus is required. I have been paying approx £63 per month for this. He does buy two of the children clothes occasionally, however he put nothing towards my sons uniform as he was starting a new school. I earn aprox £20500.00 per annum before tax and N.I.and do claim housing benifits and child tax credits. I have no clue what he earns but he keeps telling me that I shouldn't be under any illusion that he earns alot. Though he tells me he works for paramount studios!! Am I entitled to claim maintainance and will it affect my benifits. I have been signed off work as I have been suffering from depression, I am fortunate that I am a manager and so am recieving full pay at the moment. But I am not sure if I can even return to my job. Please could you advise me.
Snazzy 12/11/2013 at 1:19 pm
I am privatly fostering a 15 yr old girl , since I have been receiving her child benefit and child tax credit her dad who is no relation to me is refusing to pay me maintenance . Can you tell me if he should be by law please .
KLJ 06/11/2013 at 2:47 pm
I do feel the CSA have a place in our society. BUT……there are too many chiefs! No-one knows what anyone else is doing in that place! My husband had a Deductions of Earnings Order slapped on him even though he was paying?? They then accused him of being in arrears?? After a year of my persistance the CSA finally issued us with an apology and gave us over £2500 back! And believe me….he is not on a good wage, he works hard and brings home a decent, livable wage.
Here is what to do…….or this is what I did!
Every time you speak to the CSA you must write down the date and day, time, an estimate of how long the call took, the phone number you rang and most importantly WHO YOU SPOKE TO! Then write a brief description of what was said. This may seem like a waste of tim but believe me it isn’t!
If you get nowhere with the CSA go to your local MP……..they give the CSA time limits and the CSA MUST abide by these! If you still do not get anywhere or do not feel you have had the right outcome you can speak to the Independant Case Examiner! The CSA and the MP will be able to and must give you this option and their contact details!
The CSA move very very quickly when they are contacted by the Independant Case Examiners as they have the legal rights to look into every detail of your case and the CSA must give any information or details that they want. Sometihing the CSA do not like.
I hope this information helps some of you.
Good luck
Nightmare 30/10/2013 at 4:09 am
I was recently assaulted by my son , who has for the past 12 weeks been an inpatient at a Mental Health Hospital for Assessment. Due to the Risk Assessment , he may be admitted to a residential care home for Safety. I have written to CSA to inform my Son is not living with the PWC. This they will not take in to consideration, surely I have Legal Argument? As CSA is for the Cost of the child within the Home Environment, being Financially supported by PWC (Sorry in my Case NRP to top up his already 50,000 a year benefit salary). Any advice would be greatly appreciated, in view of these traumatic circumstances already!
richie 17/08/2013 at 2:36 pm
can some one help me i want to know how to appeal against csa?
MissMe 08/08/2013 at 8:41 pm
advice.needed... I am currently still with my.partner however he is in the.army and only comes home 1 weekend out of the month if that we have a three year old son together and i pay all the bills,morgage and nursery fees etc my partner sends me no money can i take him through csa?
MissMe 08/08/2013 at 8:37 pm
Hi tried.google.but.to no effect.... Me.and my partner.are together however he is.in the army and only.stays.at.home.once.every 5 weeks we have a three year old.son and i look after him and pay all the bills.i reciece no money from my partner can i take.him through csa??
cookie 14/06/2013 at 4:57 pm
Hi
I wonder could you clarify a point for me. I am divorced from my husband and we have two children together. I am currently going through the CSA for payment to be collected. He has previously paid maintenance but it has gone from £300 a month to £160 a month, he has made the decision what he will pay each month with no consultation.

We have 50/50 split for the care of the children. I have recently had to go back to work full time. When I was part time, I was able to pick up and take the children to school every day. Since going full time this has been impossible so I have been using a childminder for after school care.

Mu ex husband refuses to pay childcare for the nights he is responsible for the children and I have been paying this for the last 8 months but I cannot sustain this expense any longer.

Is there any guidance you can give me in relation to this as I believe he should be paying for the children's childcare on the nights he is due to collect them from school.

CSA have said that the amount I will eventually get will be around £160 mark.

Any information or guidance you may have in relation to the payment of the afterschool care would be appreciated.

With thanks
Suzanne Archer 06/06/2013 at 11:38 pm
My childrens father doesnt work and gets benifits am I entitled to csa as he hasnt payed a penny in the 12 years that we have been split up my daughter is 17 and my son is 12
noty 23/01/2013 at 9:59 pm
my partner will not sign the parental responsibilty agreement as she's being stubborn and enjoys a hold over me, eventhough i can take her to court and win, and pass the costs over to her. she works abroad a lot and sometimes is uncontactable. in the case of an emergency if i give my consent will i be in trouble with the law?
jane 09/11/2012 at 10:29 pm
The law seems to encourage fathers contact rights regardless of weather they pay maintenance, how about challenging fathers who refuse to pay maintainence by denying them access completely or seding them to prison rather than putting all the strain on mothers as if mothers have the time to be chasing their rights.
Roxy 26/09/2012 at 10:25 am
My son lives at home with me an my husband, has been hounded by the CSA now for the past 4 years regarding payments for my grandson. My grandson also resides with with us, more often than he is at home with his mum. Over the past years, we have sent in numerous correspondance regarding the times my grandson has stayed with us, even sent in yearly callandar's showing the days/nights spent with our family. But still the dispute is ongoing. My grandson has now been living permanently at our house now since the begining of July due to his mum moving to a different area. My grandson does not want to move to the new area, all his friends and school are close to where we live. He is doing well and happy at school and does not want to change schools. I dont think my grandsons mum would have contacted the CSA to inform them of the change of circumstance. Please advise as this now has been going on for what seems like forever and just feel as if we are banging our heads agains a brick wall. Your agents listen to what we say, but then items get lost and nothing comes out of the effort that we put in to inform you of the circumstances. Please advise....
ottis 31/08/2012 at 5:58 pm
i have been seperated from my 2 childrens father for 7 yrs now and ive had no financial help from him,,he recieves 500 pounds per wk and refuses to come to an arrangement or agreement about payments,if i am to report him as he has only jst been intouch telling me hes paying csa £45.05 per wk but i am not receiving anything,where i thought i would be notified of any payments,am i entitled to csa and how much would i recieive for 2 children,he is in full time employement,am i entitled to 7yrs worth of back dated payments ,my children are now 10 and 7
exhausted 24/07/2012 at 7:30 am
my ex and I have a disabled son. Shes currently getting her house renovated by the state (For the last 4 months and counting) and she volunteered to put my son in a home while the work is being carried out, with out my knowledge - I found out by accident from Social Services. (I'm avoiding expressing my feelings about this because I would probably go into a rant).
While my son lives with her, DWP pay her a carers allowance. They have said that as she is not looking after him more than 35 hours a week, she is no longer entitled to the carers allowance.
My question is, as my son is not living with her currently, and the DWP have reviewed and decided she doesn't look after him enough to get carers allowance, is she still entitled to child maintenance from me. Surely my maintenance should be paid to the home my son has been abandoned in ?
Abbie Editor 19/07/2012 at 10:29 am
@lostsue As you are caring for your Grandson and are not receiving any child maintenance payments, are you claiming child benefit for him? According to the direct.gov website you can receive child benefit up until the childs 20th birthday as long as they are in full-time education the current rate is £20.33 per week. In additions you might be entitled to claim a guardians allowance which is paid in addition to child benefit, this is currently £15.55 per week. Good luck!
lostsue 18/07/2012 at 8:40 pm
please can someone help and/or advise,in short as from last year I have had full care of my 18 year old grandson.he is at college..I started a case with the csa january this year, I have given them so much information..They tell me he has declared a weekly wage of 65 pound? Apparentley this is the amount that bad fathers declare by saying its a self employed wage..And they then supposedly get away with paying anything for their child..Thing is this particular father drives around in a BMW ,has had two holidays abroad to date. ..And pays a mortgage..The csa say that they will not question this..because he can then say that for example 'tommy tucker down the road pays my mortgage for me,pays for my holidays , pays for my petrol etc..because he likes me!!!..its true...The csa are worse than useless..Does anyone know what I can do about this please.I,m unwell,registered disabled..its wearing me out ,In the meantime my Grandson is going without..I dont want hundreds or thousands I just want maybe 15/20 pound per week to help my Grandson with college trips,and things like that...please any information welcome
ali 13/07/2012 at 3:40 pm
hello the last 12 months have been a living night mare iv been with my husband 12 years last july 2011 his ex got csa involved my husband eans like 180 a week im on working tax cred 29 pw and 111 child tax cred pw we pay full rent full council tax water ect all the bills we all pay the csa ordered him to 315 per month csa its nearly everything we have left my two children are his also iv recantly had a letter and im totally shocked its a 12 month scheduale which as reduced dramticly to 20 per month for 4 children csa flat rate 5 pound per child i am happy as my children have basically had to live god dam terrible while his other 4 have a lovely up bringing on state bennifits plus 315 csa every 28 days im just wondering is this letter iv had correct av they really educed csa as new law come in april 2012 i really am hoping lol please can someone answer my question thankyou
thelastword 13/07/2012 at 11:55 am
i split from my partner last year, he's been having the kids for two weekend per month and once a week for tea... he doesn't pay any maintainance as he is unemployed!
now that he has found suitable accommodation he wants to have the kids for three nights per week, would this affect my working tax credit/child benefit, or for that matter his benefits?
is there a legal amount of time the kids can stay with their father without it affecting credits and benefits?
sandy 10/07/2012 at 1:09 pm
I have bn seperated from my husband for 3 years. We have an arrangement that our 11 year old daughter stays with him 3 nights a week. I work those 3 days shes away and claim wrkin tax cred and child tax cred. Last week. He requested that our daughter brings her own food and also money for if she wants anything as its the school holidays. He says im the one claimin for her. Is there anything i can do here he seems to be unwillin to provide adequately for his child. He claims disabillity benefits and so does not contribute financially. But on a total of approx £200 per wk income its a struggle.
Need advice.
Stephanie Editor 18/06/2012 at 10:48 am
@In a panic Please don't worry about having to pay back any child or working tax credit you have received you will not have to do this. Since 12th April 2010 child maintenance has been ignored when calculating your entitlement to tax credits therefore any child maintenance you receive does not affect the amount of your tax credit award. Hope this helps.
in a panic 15/06/2012 at 11:01 pm
I am receiving working tax credit etc for my children based on my part-time wages, and am receiving generous monthly payments from my estranged husband. I have tried to declare the money from HIM as part of my income to see whether it reduces the tax credits cos I am terrified they are going to ask for the money back, ( nearly 10 months worth now) but the Tax Credit people say it's not relevant to my income . How can that be? Can anyone clarify - does his payments form part of my official income or not? We have not yet made any legal agreements re finances
Angela 13/06/2012 at 10:34 pm
My husband left me 3 years ago, we are now seeking a divorce, which is amicable, he has paid maintenance for our child for the last 3 years except for 4months, I have paid the mortgage independently, on our joint family home, for 2 out of the last 3 years. He now wants his share of the equity from the property but I feel it is unfair that he gets the same amount as me when I have continued to pay the mortgage on my own. He states that the maintenance payment for our child covers a proportion of the cost of the roof over her head and therefore he has contributed. Is this right or should he pay his half of the mortgage for the 2 years he has not paid. He is prepared to pay the 4months of arrears in child maintenance in full. Please help I do not want to fall out with him but this issue is causing me to get angry with him, it just doesn't seem fair.
mich 06/06/2012 at 1:10 pm
hi, im a single parent and av a son at university and a 17 year old daughter on an apprentice scheme, my ex husband has reluctantly paid maintainance ever since we spilt in 1996, although he no longer pays for our son im unsure wether he should still pay for our daughter till she finishes her course, i carnt understand if he doesnt how im expected to support them both on my own without his financial input, could you please clarify this for me, many thanks
Daz 18/05/2012 at 8:41 pm
ive been seperated for nearly 3 years now and my ex wife and myself agreed child support of £350 pcm. We had mediation with a friend of ours as couldnt agree on divorce settlement! I agreed to upping the maintenance to £450 pcm and it being reduced by £150 per child when they undertake employment or finish further education before the age of 18. Am i right in doing this as her solicitor has said this is too much of a reduction and should only go down to £400 by a fifth. Can you please clarify if i have a right to stop maintenance on any child that finishes education and undertakes employment before 18 wether full time or part time? Thanks,Darren
Andy 07/05/2012 at 8:39 pm
I'm currently working overseas and my current wife and 2 children live in the UK. My ex wife is in receipt of over £650 PCM in CSA payments and trying to get them to take my new children into account is like pulling teeth. Apparently, because I "live apart from my current wife" my children cannot be taken into consideration when they calculate my payments.

I'm considering asking my current wife to claim CSA against me so that all my children will receive fair treatment and not only my eldest.

What are my rights?
Lew 07/05/2012 at 5:58 pm
I am currently paying £180 PCM for my son. I understand this money is there to pay bills in the household etc but my son haven't had any new clothes or things of that nature unless I pay for them myself. I was wondering if there is a break down of what the money should go on or what the percentage rate should be that he gets if such thing exists.

Thanks
Badger 07/05/2012 at 2:04 pm
I am attending a Tribunal with my ex-partner. What happens if he refuses to pay what has been agreed by the CSA & Tribunal judge on the day?

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