How to Make a Claim for Child Support

I receive a War Pension and have to pay £7 per week maintenance reduced to Nil due to shared care. A variance was put in which is fine but the CMS are adding the £7 per week to the other income before calculating shared care. There is nothing in the legislation I can see that allows them to do this. Any thoughts? It means I am now paying an extra £6 per week I believe this is wrong. All documents I have seen state the income should be treated separately for shared care then added.

Hi, I’m now 35 years old, and have never had child maintenance from my dad, even though he was supposed too pay, can I take this further? Thank you

Hi I have 2 children aged 7 and 11 there dad has never paid a penny towards there up bringing . I've asked many times for help towards food uniforms school pack lunches etc but he shows no interest.He can become very aggressive when the conversation comes up. He only sees them when its suits him which has been once in the last 5months. I use to get child tax credit but that has been stopped so all I receive is child benefit for 2 children. Nothing else and his aware of this I'm at wits end please help

Hello. My husband decided to be single. We have 2 year old boy together and also 8 year old ftom my previous relationship.does my husband must pay maintenance for both kids?

Just after some advice ive just found out the address of my sons father who has not paid a penny for my son in almost 13 yrs my son turns 18 in a couple of weeks would i be able to start a child maintanence claim my son is also in ft edgucation and his father is in in a very high paid job and does it get back dated at all ty i have been in reciept of child tax credit for him i would like to think his father owes them alot for paying for his son all these years ty

---

You would be able to apply for child maintenance if your child's father is earning and income. In this case, you may wish to speak to Child Maintenance Options directly, please see the link here. CMS should be able to put a trace on your child's father.

Not sure if i can get help here. I have an 8 year old son whoms father has refused any aknowlegment of him. He has never seen him due to his father generally not wanting to no him. I always said i would never take him for any money now 8 years on a single parent im finding it hard. Without putting to much detail online i was 15 when i had my son and his father being alot older then me as ashamed as i am to admit it i only no his full name and birthday but not the year he was born. Would it be possible to track him down with only little information. Any advice would be hugely appreciated many thanks

Hi, what information do you need to make a claim? I have two children with my ex, he has access once a fortnight for two nights, he is supposed to pay a set amount we both agreed on separation but only pays when he feels like it and never on time? Can they refuse to pay maintenance? I've asked numerous times for him to set up standing orders so I don't have to chase each month

---

I presume when you say 'sperm donor' you mean your ex and not an actual sperm donor who wouldn't be held responsible for paying child maintenance. You don't say why your son's father hasn't paid (which would help to answer the question) as some reasons may be legitimate i.e he has not earned an income. Child access and child maintenance are two separate issues and not connected. Children are not viewed as bribes for money, meaning the other parent shouldn't be stopped from building up a relationship with their child on the basis of whether they can pay child maintenance or not. CMS/CSA would have attempted to get child maintenance on your behalf if your son's father deliberately refused to pay. This is what they were set up to do.

The sperm donor tomy son has not paid a penny for him he's now 23 I tried b4 to have him pay for his responsibilities but his parents stuck up for him and said he didn't live there he still hasn't paid a penny but still sees our son it pisses me off he's got away without paying a penny but still thinks he has the rights to be my sons father

Hi. My partner has a 5 year old boy. He has previously had shared custody with the mother as the main parent as he works long unsociable hours. However recent events have meant that he will now be getting full custody and the child moving in with us. He will have to give up work. We rent a small 1 bedroom place. Our rent is high and I won’t be able ro afford it myself. Will the council help pay our rent/contribute money even though I work full time? Will they help us get another place to live? Is it better financially if we live separately regarding financial support?

---

You may have the equivalent of REMO in NZ, which is the Reciprocal Enforcement of Maintenance Order (REMO) Unit. It helps to register and enforce child maintenance orders internationally, please see link here.

Hi, I have an 11 year old son. His father and I seperated when my son was 5 years old. My ex has never paid any child support and has purposely worked in cash in hand roles to avoid having to pay. I have never claimed through the CSA. I moved to NZ with my son 2 years ago and have heard that my ex is in proper employment now, can I claim from NZ? And if so, how?

---

If your father was unemployed when you were younger, then he would not have been eligible to pay child maintenance, so would not have been expected to make a contribution. Also, child maintenance is based upon taxable earnings (an inheritance doesn't class as earnings). Only a parent can claim child maintenance from another parent, a child cannot claim. So, you would not be able to claim anything either via CMS or through the courts. With regards to your father gaining an inheritance, it is up to him what he chooses to do with this money.

Hi, I am 27 years old and my dad never paid maintenance for me throughout my childhood, he was unemployed through some of those years when I was younger. He is now a self-employed taxi driver and has been since 2005/2006 and now bringing up another child with another woman who is not my mum. He has recently received an inheritance that he has pumped into this child, he did give me a small amount as this was my nan too but nothing to what he gave other members of family. Is there a way I can now make him pay his historical maintenance from my childhood, I don't care if a percentage has to be taken or even if I do not receive it, I just find it unsettling that he has never had to make a contribution. If there is a way of fighting for this could you also advise the cheapest way possible, I am on minimum wage for my age and surviving by myself. If you could help it would be really appreciated.

---

The fact you are married means that everything goes into the joint marital pot. It means an inheritance is not excluded from the assets to be divided. The considerations when deciding whether an inheritance is to be divided are; how long the marriage has lasted (the longer the marriage the more the inheritance will figure when dividing assets), the size of the inheritance, when it was received, how the money has been used. Also considered is the financial needs of each person and whether there are children at the time of the divorce, and their needs, which should be provided for. Likewise, usually the person who is the primary carer of the children is often allowed to remain in the family home (if the matter goes to court). It's worth seeking legal advice, especially if your husband is not willing to share details of how much is in the family pot.

Hi there. My situation is a little unusual maybe. My husband got quite a large sum of money as inheritance and decided (with my support) to leave his job and start his own project. Previous to this he was earning approx £1450pcm. After my maternity leave I got a part time job and my income was approx £700pcm. I attended to all the household upkeep and childcare and bought about 85% of the groceries. He had the childcare voucher coming off his wage pre tax. Now he is not earning but is paying £500 per month from the inheritance into our joint account toward rent and bills. I now work almost full time and earn around £1300 per month. I still buy all the groceries and the childcare voucher now comes off my wage. I manage the household and do all the chores. Now we are separating after over a year of this arrangement. I have no idea how much money he has. I know he has the inheritance and some ISA’s. I have no money. I can not afford to support myself and my son in our current home on my own. I don’t mind moving and am prepared to live within my means, but am I entitled to any support from my husband? I don’t know how to prove he has got money despite not earning. It’s a mess and I’m worried. I just want to be able to look after my son and keep a roof over our heads.

---

You can speak to CMS directly via the link here . They will advise you regarding your best options.

Hi there I need some advice. My daughter is 10 and goes to her dads for 'three' nights a week so in the last 5 years I have claimed no child support. I have always known that within his time with her she goes to his mums one night every other week and I have since found out that she has been going to his girlfriends parents the weeks in between so he is now only having her two nights a week. I am wondering if I can now claim child support as I have a lot of outgoings and also pay for her violin 72pound a month with no support. I believe if challenged he will probably deny that he is not having her the full agreed on three nights a week and don't know how I could prove this to csa. Thank you

---

If you feel your son's father has a lifestyle which is not based upon his earnings, and 'not' supplemented by his new partner (what she earns or contributes is of no concern to CMS), then you may have a case to take it to court. A court would look at his finances in depth. This can be helpful if you can prove he is earning more, but could costly to you in court costs if he can justify his small wage in front of a judge. Therefore, you would have to seek legal advice regarding this. Otherwise, unfortunately there is little recourse, CMS go on his HMRC-registered figures, and that's all it needs to know.

Please could anyone advise. My son's father has prestigious successful business. Employs staff. Pays himself a small salary. Ludicrous, implausible figure for central London.Cushioned by new partner. Shares her home. I am paid paltry figure each month. I feel contacting CSA will open a can of worms of aggravation and upset that I hoped to avoid however I feel it's become financially very unfair. I understand CSA will base figure on his taxable income/payslip ( small and not representative of gross earnings) and not his business earnings. Seems wrong. Is this the case please? Thank you for any advise.

---

Yes, you can take your ex to court for unpaid child maintenance - but much also depends upon his circumstances. For instance, if he doesn't own a house, has no savings and is unemployed, then there would be no point in pursuing a case against him as it will end up only costing you.

This is Regarding a historical child maintenance claim for my 18 year old daughter with my ex, who is still in full time education. It is Complicated as the CSA could only claim certain years 1999-2002 due to durisdiction issues with him living abroad (they now have a deduction of earnings in place for that period). I then had numerous attempts made through REMO but was also unsuccessful as he kept moving. I Now know he lives in the UK and wish to claim the outstanding 15 years of unpaid child maintenance. I have his work address and would like a court order put in place to retrieve it, can this be done? I can provide all relevant documents, I need a solicitor to help me progress and willing to pay.

---

The Reciprocal Enforcement of Maintenance Order (REMO) Unit helps to register and enforce child maintenance orders internationally and may be able to advise, please see link here .

Hi. My child is 12 years old, we moved in UK in 2010, my child came in 2011. Me and my child are EU citizens, but I have a UK permanent resident certificate from HOME OFFICE. My daughter's father never payed a child support. He moved from EU to Ireland, have his own business and transfer some cash only ones a year. Please could you tell us is there any chance to take him to court or make him to support his child if he is in Ireland? Regards. Inga.

Hi I have a British Bf and we have a child together; I'm a Filipino citizen living in the Philippines. And the father of my child doesn't give financial support. Is there a way I can claim child support?

---

The Reciprocal Enforcement of Maintenance Order (REMO) Unit helps to register and enforce child maintenance orders internationally. You can see more via the link here which should help you answer your question.

Hello my daughter is 7,5 and we've moved from London to Switzerland one year ago. I won the case in the court but have to bring her back and pick her up 4 times a year April 2 weeks summer 5 weeks October 3 weeks winter 2 weeks (it's how she had school holiday) I'm responsible for all flights her dad pays nothing. He's a teacher and lives in uk. He said he won't pay any child support because he's looking after her 13 weeks per year ... having said that he's not paying for any flights... I only work part time and is hard ... me and him are Polish nationality but my daughter was born in uk and lived there until she was 6 yo. Now the question how and where shall I apply for child support? Shall I do it in Switzerland or apply from uk? Thank you ever so much ... I really have no money to ask a lawyer for advice...

Am a Kenyan residing in the UK for 14 years. I have 2 children aged 8 and 7. Been with my partner for 10 years and after I called it off for her having another relationships she went all berserk on me. It's a long story so please read and see if i....... if we can get any help. My partner has been working for the last 5 years. I been the mother to this kids as her parenting is awful to say the least. I bath the kids I take them to school I cook for them I do everything a mother does. Kids have a been happy and their school says the same. Now before I go any futher let me say I have working restrictions due to my immigration status. Home Office were just about to issue me with indefinite leave to remain. I report to them once  every month. Despite the stress of uncertainty over the years. I have been a good dad. Over this past year my partner who has a history of depression has had me arrested 3 times but no charges brought forward. First time I want to smack my 8 year old and missed and got her bare skin leaving a mark. My partner was ok with that but within the same hour we argued coz she left cloths in the wash for 2 weeks. She hates being told she is wrong. She got really angry like she always does and took the kids out in the streets to get mom. Once their they called the police that I smacked the daughter. Social got involved but saw no need for any action. However we signed some form staying that none of us should ever smack kids again. Since then my partner has smacked the daughter 2 times. Last time she did it daughter came and told me mommy smacked her. I want tell my partner to be carefull as we signed a letter and if she leaves a mark kisds could be taken away. Next thing I noticed she was in the phone in tears again. She asked kids to get dressed she is taking them to a party. I haven't seen it heard from them since. I called the police and they said they know where they are and they they are safe. 5 days have gone by and still nothing. I contacted social services and they said they will get back to me. Am still waiting. Now when I get arrested this kids suffer. She does not very them. She feeds them junk food. They don't even go to school coz she cannot wake up for them. School files will show that when am not home this kids are on a downer. I know 100% that the kids want to be home with me. They were happy. I'm more of a mother to this kids than she ever will be. She never asks kids to brush teeth despite pumping them with all sort of sugary stuff. She is very very untidy and takes advantage that I'll have to tidy the house up coz of the children.  I really genuinely feel sorry for this kids if she allowed to care for them alone. One more thing. We lived in a private property rented and tenancy agreement was under her name. My immigration case was based on this family. She is destroying our lives simply coz I said I won't be sleeping in the same bed with her. I revived an occupation order with a non molestation order. She has

---

You would have to speak with the child benefit office directly regarding this matter.