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Glos solicitor
Glos solicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1601
Experience:  10 years experience in all areas of family law, now specialising in cases involving social services and children
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After 17 years of no contact my husbands ex girlfriend has

Customer Question

After 17 years of no contact my husbands ex girlfriend has just filed for child maintenance. The issue isn't that she bizarrely wants some financial support after such a long time but,my husband has concerns that she can come after him for more than that. Is there any grounds that she can take him to court for or insist that he pay more than the child maintenance services request, given she know nothing of our financial situation or our life after such a long time?
Submitted: 3 years ago.
Category: Family Law
Expert:  Glos solicitor replied 3 years ago.

Glos solicitor :

hi

Glos solicitor :

thanks for your question

Glos solicitor :

Your husband's legal obligation towards the child is only to make a child maintenance payment

Glos solicitor :

To reassure you, this cannot be backdated over the last 17 years when she has not made a claim, the assessment runs from the date of the phone call she made to start the recent process

Glos solicitor :

I hope that helps - please let me know if there are any additional points to clarifiy before you are happy to accept and leave a positive rating

Glos solicitor :

Many thanks

Customer: Thanks. So there's nothing she can do outside if the child maintenance system? He's concerned that she'll try to file a private law suit or something to try to get more money. Apparently the child has been in and our of foster care, is in counciling for some type if mental disorder. He us worried that she will try to die him or something, holding him responsible either for the child's mental state, or for medical bills for the counciling.
Customer: Sorry, predictive text! He's worried about being sued, not die!!
Glos solicitor :

Hi

Glos solicitor :

No, there is no basis for her to file such a claim

Glos solicitor :

There is nothing in law that would provide for her to do that

Customer: And in regards XXXXX XXXXX decision made by child maintenance services, if she disagrees with the amount they have worked out that he needs to pay, does she have to have some sound reasoning or proof as to why she disagrees, or can she insist that it is wrong and take it to court?
Glos solicitor :

The court don't have any jurisdiction over child support, if she disagrees with the award then frankly - she's stuck with it!

Customer: But she can ask child maintenance services to look again at their calculations. Does she have to give a reason why she thinks it's wrong?. I just need reassurance that the child msintenance services decision will draw a line under the matter so that we don't feel that she is able to harass us through a government mediator.
Glos solicitor :

The process is not that involved - your husband will provide his details (it is an offence to provide inaccurate information to the CSA) and they will be make a calculation.

Glos solicitor :

That calculation will stand and it's not for her to question

Glos solicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1601
Experience: 10 years experience in all areas of family law, now specialising in cases involving social services and children
Glos solicitor and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi, I know that child maintenance and child benefit are linked, and it is the mothers responsibility to inform the maintenance/ benefits agencies if the child is not in education or is working. But, when filing a new child maintenance claim does the mother have to prove that the child is in education. I ask as we suspect that the child may not be in education despite being 16, as they have had an on off relationship with school in the past two years. We have also found out that she is working - although we don't know if it is more than the permitted 24 hours a week. Can we demand the child maintenance agency find out and ask for proof, or are we just supposed to take the mothers word for it?
Customer: replied 3 years ago.
Hi, I know that child maintenance and child benefit are linked, and it is the mothers responsibility to inform the maintenance/ benefits agencies if the child is not in education or is working. But, when filing a new child maintenance claim does the mother have to prove that the child is in education. I ask as we suspect that the child may not be in education despite being 16, as they have had an on off relationship with school in the past two years. We have also found out that she is working - although we don't know if it is more than the permitted 24 hours a week. Can we demand the child maintenance agency find out and ask for proof, or are we just supposed to take the mothers word for it?
Expert:  Glos solicitor replied 3 years ago.

Hi

I apologise for the delay in answering your additional quesition - I only have online access at the office and have been in and out.

Whether she was working or not would not influence the outcome of the child maintenance assessment.

As for education, you can ask the CSA to check as if he is not being educated then the obligation to pay maintenance ends.

Best regards

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