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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My partner has paid child maintenance directly to his ex wife

Customer Question

My partner has paid child maintenance directly to his ex wife for 14 years, they had agreed that payments would finish when the child turned 16 which she now has. His ex wife is now saying she never said this and has gone to CSA, in the past my partner has never missed a payment and also paid well over what she would have got if she had gone to csa previously so theoretically she has already had the next 3 years payments, he even gave her extra when her partner left her as she said she was struggling as he wasn't giving her any money for their child. Is there anything that can be done to recoup any of the previous money as we will now be struggling with the CSA payments??
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you.
Unfortunately I have bad news for you - the payments made in the past do not effect the assessment now and cannot be recovered
I am sorry not to be able to tell you something more positive but sadly this is the legal position as it is
Please ask if you need further details
Clare
Customer: replied 3 years ago.

The child has refused to see her father for the passed year although he has wanted to see her, is there anything that can be done about that as he has continued payments even though he hasn't had any contact from her.

Expert:  Clare replied 3 years ago.
Hi
Again I am so very sorry but since she is over 16 it is entirely up to his daughter whether she sees her father or not
Clare
Customer: replied 3 years ago.

His daughter has only just turned 16(last week) and has been working all summer actually earning more than her father does!!!, her mother also works and claims benefits and works cash in hand can anything be done about this as we are finding it extremely unfair that he has gone out of his way to pay her and always on time and over the odds, hasn't seen her for a year and now we get a kick in the teeth.

Expert:  Clare replied 3 years ago.
Hi
I am sorry but if she is in school/college for more than 12 hours a week there is no way around this despite the fact it is so very unfair
Clare