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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33293
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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if as a father I am when redundant and unable to pay my child

Customer Question

if as a father I am when redundant and unable to pay my child maintenance for my children, when I do find new employment am I liable to pay the missed child maintaince that I was unable to pay whilst I was unemployed?
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.
Are you paying Under a Court Order or via a CSA assessment?
Clare
Customer: replied 2 years ago.

I was paying under under agreed divorce settlement then my ex-wife decided to go to the CSA 8 months before I was made redundant. So I was paying £400 per month then on the assessment of the CSA I was then paying £1200 per month approx.

Expert:  Clare replied 2 years ago.
Hi
So you are currently paying via the CSA?
If so then all you need to do is notify them that you are no longer in employment and they will complete a re-assessment
When you are working again they will do a further re-assessment
This way no arrears will arise
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

So to clarify, as I had notified the CSA that I was nolonger working ( they even contacted my previous employer to check) then I am not liable for the pay the child maintenance I was unable to pay due to being umemployed when i eventually, find new employed.


 


As my ex-wife is claiming that I have to pay her the child maintainance, that I have not paid during my unemployment, this is incorrect?


 


 

Expert:  Clare replied 2 years ago.
Hi
Did the CSA complete a re=assessment?
Clare
Customer: replied 2 years ago.

no, as I am still unemployed but my ex is demanding that I should start paying her ( which I cannot not and will not) despite the fact I am not working therefore, with no spare funds as well as building further debts. And that I owe her £8k based on child maintenance I have not paid during the period I have not been working.


 


She has calculated this sum based on the agreement we made as part of our divorce agreement before she decide to go to the CSA, even thought this made me go into debt and could not afford to pay my basic month bills or my mortgage.

Expert:  Clare replied 2 years ago.
HI
When you notified the CSA that you were unemployed did they reduce the assessment?
Clare
Customer: replied 2 years ago.

yes, they said i didnt have to pay as I had no income coming in.does that make a difference to whether i have to pay any monies whilst I was not working?

Expert:  Clare replied 2 years ago.
Hi
It does indeed
When the CSA assessment was made the Court Order ended
Your ex cannot try and go back to the Court Order now so there are no arrears and you will merely start again with a new assessment based on your new employment
Clare
Customer: replied 2 years ago.

Hi Clare


 


But if we agreed between us to for me to pay child maintenance directly to her when I eventually find new employment. Can we do this without getting the CSA involved again or will the CSA always now be involved since I am now in their system regardless of what we may agree?

Expert:  Clare replied 2 years ago.
Hi
The CSA are involved and will remain involved unless your ex closes the case - so if what you agree to pay is less than the CSA assessment would be you are at risk of her later claiming arrears
Clare
Customer: replied 2 years ago.

So I have to get my Ex- to contact the CSA to tell them she nolonger wants them involved as we have a made an agreement between us.

Expert:  Clare replied 2 years ago.
Hi
Yes - and make sure that YOU have WRITTEN confirmation that the case is closed before you start the new arrangement
Clare

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