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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33828
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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I am a separated father of a 7 year old child and I am having

Resolved Question:

I am a separated father of a 7 year old child and I am having trouble with my ex partner in regards XXXXX XXXXX Up until January of last year I was paying maintenance through the CSA but then we had no end of trouble with the money not getting to my ex partner and I was being charged for late payments even though the money had gone through. My ex partner and I then came to a mutual agreement for me to pay the same amount money direct to her instead, which up until now has worked fine. Unfortunately she has now decided that I am not paying enough and demanding that I pay more towards my child's maintenance as she, I believe, is having money troubles. This has come about after I have been away abroad on cheap weekend holiday with friends and she sees this a frivolous and if I have money to do that I should be paying her more instead. She has tried to, what I believe to be, blackmail me in saying that if I do not pay more from this month she will stop my child coming away with us later in the year, a trip that has already been agreed, booked and paid for. I would like to know what my legal stance is with this as I feel like this is blackmail. Any help would be appreciated.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Which part of the Uk are you in and are there any Contact Orders in place at the moment?
Clare
Customer: replied 3 years ago.

Hi Clare


 


We both live on Merseyside and there is no contact order in place.


 


Thanks

Expert:  Clare replied 3 years ago.
Hi Scott
When was the CSA assessment closed and would you be willing to use them again?
Clare
Customer: replied 3 years ago.

Hi Clare




The csa assessment was closed last January 2013.


 


I have sent her a text stating that I would be happy to increase the monthly amount by £10 starting in April but if she is not happy with this I will go back to the csa. I am yet to hear back from her.


 


If push came to shove I would consider using them but I am extremely reluctant to do so due to all the problems they caused between myself and my ex partner. Honestly I do not trust them to deliver the service of passing on my childs maintance money.




Thanks

Expert:  Clare replied 3 years ago.
Hi Scott
I cannot say I disagree with you about the CSA
You could try doing a new calculation using the newest rules
http://www.nacsa.co.uk/index.php/cs3-top
And offer that.
If she does threaten your contact again the pleasant remember that the law says that a child is entitled to contact with both parents and the courts will enforce this if necessary
If you have to you can apply for a defined contact order
Details here
http://www.cafcass.gov.uk/media/168195/cb7-eng.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi,


 


Thanks for the advice. It seems that she has decided to take the increase from April. Would you suggest that I get her to sign something to this effect and also include something in it regarding the holiday? Just to cover me in case she tries to do this again in a few months time and would this be legal if she ever challenged it?


 


Thanks

Expert:  Clare replied 3 years ago.
Hi
Whatever she signs is not binding.
You could certainly ask her to sign an agreement setting out the contact that you have agreed between you - it will be helpful if there is a dispute in the future
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33828
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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