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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33276
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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why is it that my sons ex partner can refuse payment via the

Customer Question

why is it that my sons ex partner can refuse payment via the csa?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Could you clarify what has actually happened please
Clare
Customer: replied 2 years ago.
my son pays the mother of his Son £60 per wk through direct debit. We believe this way beyond what he should be paying. He has been on ssp since the beginning of December and unfortunately he can't afford to pay her this month and she is now stopping us from seeing our grandson unless we pay her. This has happened before and we contacted the CSA who informed us that they could not force her to accept payments from the the CSA. Surely if payment went through the CSA then that would give us more rights to see our grandson. We have kept records of all payments we have made. Hope this helps Clare thank you
Expert:  Clare replied 2 years ago.
Hi
Your son an make a formal application to the CMS (new CSA) for them to complete an assessment if he wishes
Alternatively he can use the calculator here
https://www.gov.uk/calculate-your-child-maintenance
and start paying that.
However the fact is that Child maintenance and contact are not connected.
The law says that a child is entitled to regular contact with both parents and the courts will enforce this if necessary
Your son should try and discuss matters with his ex using Family mediation (www.familymediationhelpline.co.uk) but if that fails he can apply to the court for a defined contact order
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
my son has had these payment assessments completed but she will not accept payment via the cms. She totally refuses to accept this method of payment. Is it right that she can say to the cns that she does mot want to use their services?
Expert:  Clare replied 2 years ago.
Hi
Have they made an assessment - how much have they said he should pay?
Clare
Customer: replied 2 years ago.
the assessment was made over 12 mths ago and when the cms contacted her she totally refused to accept payment through them. Is it right that once the cms has made a judgment that the recipientcan refuse to accept payment? As iv said earlier it's not about the unwillingness to pay its just that my son can no longer afford to pay her the £60 a week at the moment because he's on long term sickness from work. Thanks for your help Clare
Expert:  Clare replied 2 years ago.
Hi
How much did they say he should pay?
Clare
Customer: replied 2 years ago.

Hello Clare! My son pays £240 per mth for maintenance for one child. He has
been on ssp since the beginning of December and unfortunately cannot pay
this month. We have spoken to the CSA and they have said that if she
refuses payment via the CSA there is nothing they can do about it. Surely
this is wrong. She says it will affect all her benefits going through the
CSA. I don't think he should be paying this much for 1 child. Don't get us
wrong this is not about not wanting to pay child maintenance this is about
gaining access to our grandson. Hope this helps thank you

Expert:  Clare replied 2 years ago.
Hi
Is that what the Assessment said he should pay?
Clare

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