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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33519
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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Child support. The father is currently paying child support

Resolved Question:

Child support. The father is currently paying child support but has decided to become self employed. He has said he will therefore nonlonger make child support payments. The children live with his ex- wife and stay with the father every other weekend. The father remarried and has 4 step children. He and new wife own 2 houses, 4 cars go abroad for holidays etc. Ex-wife has few formal qualifications and thus depends on the child support to great extent. She also works 2 jobs to meet expenses. Children are 12 and 14.

Can the ex husband unilaterally stop making these support payments? And if so what can the Mother do as she needs the support.
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.
Does he pay via a Court Order or the CSA?
Clare
Customer: replied 2 years ago.
Via the CSA
Expert:  Clare replied 2 years ago.
Hi
Whose names are ***** ***** held in?
Clare
Customer: replied 2 years ago.
I do not know Probably joint with new wife .
Expert:  Clare replied 2 years ago.
Hi
In fact he is not able to simply stop payments - the CSA will simply do a re-assessment based on his new position - including assigning a nominal income to any assets that he has worth more than £65,000 aside from the house that he lives in.
Sorry - I know that this is not what you wished to hear but sadly it is the position that you face
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Many thanks that is helpful and it is what I had hoped! I did not believe he could just refuse to pay anything . However I presume any assets "he has" could be the source of argument, if everything is in his wife's name. He has been married to her for over 9 years.


 


Once the payments stop - apparently he has not formally told the CSA he will not pay anymore - a re-assessment can be requested.


 


 

Expert:  Clare replied 2 years ago.
Hi
In fact unless your ex applies for the re-assessment he will simply go straight into arrears and face enforcement action
The assets will be those in his name or half the value of those injoint names
Clare
Customer: replied 2 years ago.
Hi Clare,

That is very helpful thank you. Is there any legislation or something which. can be referred to if the CSA is not helpful. To date I understand that they have said nothing can be done.

Thank you once again,
Expert:  Clare replied 2 years ago.
Hi
I am not sure what you mean - what have they actually said to you?
Clare
Customer: replied 2 years ago.
Sorry, as this is all second hand. The ex wife and person receiving the child support is a niece . My understanding was that the CSA said once the ex husband. It ivied the CSA and cancelled the payments with them nothing could be done. I did. It think that could be the case which is why I have used this service.

Many thanks
Expert:  Clare replied 2 years ago.
Hi
The father cannot simply cancel the CSA payment.
However he can notify them that he is self employed and they will then do a re-assessment
They generally handle the self employed badly from the resident parents point of view - but they are getting better and he will still be subject to an assessment
There is an article here which may help
http://www.marilynstowe.co.uk/2013/01/16/child-maintenance-complications-and-the-self-employed/
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33519
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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