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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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If I am unable to pay any maintanence and my wife/mother of

Resolved Question:

If I am unable to pay any maintanence and my wife/mother of my two children says that's okay and that her parents will help support her in what was our home would I in any way forgo and/or lose any parental rights in relation to joint custody or visiting rights.
Submitted: 3 years ago.
Category: Family Law
Expert:  UKfamsol replied 3 years ago.
Hello and thanks for your question.
The question of child support is quite separate from the question of which parent a child lives with or how much the other parent see the child. Legally, you will not lose any parental rights even if you cannot afford to pay child support. Child support is under the Child Support Act 1991, whereas issues of contact & residence are covered by the Children Act 1989.
However, psychologically, it would definitely be helpful in negotiating agreed arrangements regarding the children if you could pay at least the minimum as set by the Child Maintenance Service formula. Here's a useful website for more information about child support:
http://www.cmoptions.org/en/calculator/
With regard to who the children should live with and the arrangements for them to see the other parent, no court orders are needed if the parents agree what is to happen. If you can't agree, either one of you can apply to court for a child arrangements order, to ask the court to decide. To do so, you apply on Form C100. here:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf
However, going to court is stressful, time-consuming and expensive, so if you can reach agreement, that's preferable.
You can negotiate via discussions between the two of you, or via solicitors' correspondence, or via mediation. The family court anyway now requires that the parties attempt mediation before they will consider an application to court. Here's where to find a lock family law mediation service:-
http://www.familymediationcouncil.org.uk/find-local-mediator/
You might benefit from some face-to-face legal advice. Here's where to find a specialist family law solicitor near to you:-
http://www.resolution.org.uk/findamember/
I hope this helps and I wish you the best of luck.
thanks and best wishes...
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