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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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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My son has recently split up from his partner.they have a 4year

Customer Question

My son has recently split up from his partner.they have a 4year old son what would he be expected to pay?they live in rented accommodation
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.
What is his gross income?
Clare
Customer: replied 2 years ago.
He earns £20,000 just under per annum
Expert:  Clare replied 2 years ago.
Hi
Then the Child maintenance is set at 12% of his gross income less 2/7 ths to reflect the night she has her - roughly £143 a month
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
Please can you advise would he also be required to contribute to rent for housing aswel as this?
Expert:  Clare replied 2 years ago.
Hi
No he does not earn sufficient for spouse maintenance to be a realistic risk?
Clare
Customer: replied 2 years ago.
Thank you
Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well
Clare
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi we have been having my grandson every Wednesday and Saturday since the incident in December 2014 . Due to no fault of ourss she has no told us we cannot have him on Wednesday but only on Saturday. This is because she is upset that my son has only paid half the house rental and we did not due to bail conditions make her aware. Is she able to stop or change what has been an ongoing thing just because she is upset?
Regards judy
Expert:  Clare replied 2 years ago.
Hi
Why are there Bail conditions involved?
Clare
Customer: replied 2 years ago.
Hi when they split up he was charged with domestic abuse to her not grandson and he is not allowed contact with her at all. There has never been any issues over him seeing his son at all and he has had him regularly every Wednesday night and from 10am Saturday till 3pm Sunday and this week to help her out she asked if he could have him Friday aswel..
Expert:  Clare replied 2 years ago.
Hi
Who has been negotiating the Contact arrangements with her?
Clare
Customer: replied 2 years ago.
This has been done through myself and her we have had him since the beginning and also odd extra times to help her out. But at least twice a week
Customer: replied 2 years ago.
Can I add there has never been any issues over the care my son has for his son
Expert:  Clare replied 2 years ago.
Hi
When is the court hearing regarding the criminal issue?
Clare
Customer: replied 2 years ago.
12 March
Expert:  Clare replied 2 years ago.
Hi
Since it i sonly a week away the best option is to wait until that is out of the way and for your son then to discuss matters with his ex using Family mediation
www.familymediationhelpline.co.uk
Just in case the worst happens make sure that his solicitor is aware that there will need to be some form of communication between them regarding contact
Clare
Customer: replied 2 years ago.
Hi further developments she has now stopped contact all together is she able to do that when no issues have been raised over past 9 weeks ?
Expert:  Clare replied 2 years ago.
Hi
She shouldn't no - and it will not be seen as reasonable by the court - but your son has to go through the process to re-establish it
Clare
Customer: replied 2 years ago.
Can you please confirm child maintainence if my son has him 2 nights per week and warns £20815.00 per year she is stating £208 .62
Thank you
Expert:  Clare replied 2 years ago.
Hi
If he has him two nights a week it will be £150 a week - if he does not then it will be £210 a month
Clare
Customer: replied 2 years ago.
Hi my sons partner is now saying he can only see his son at a contact centre for 2 hours each week ( dates yet to be arranged) is this right? He has had him every week twice weekly up until early March and on one week 3 nights for her convenience. His contact was only stopped when on advice he paid only his half of the rent on the property she is still living in ( he has not lived there since 28/12/14) her behaviour is so unreasonable saying we have told her we will not return him when we have always taken him back on time in the past and have not spoken to her or anyone who knows her and my son would never take him from his mum
Please advise I am at the end of My tether with it all
Expert:  Clare replied 2 years ago.
Hi
The law says that a child is entitled to contact with both parents and the courts will enforce this if necessary.
Neither parent is entitled to impose contact in the long term - even if they do so in the short term.
Your son needs to make an urgent appointment with Family mediation
www.familymediationhelpline.co.uk
If she does not co-operate then your son can apply to the Court for a Child Arrangement Order setting out how the child will share his time between his parents - and which can then be enforced.
I appreciate that this is not an instant answer - but in the long term it will resolve the problem
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Please can you advise how to sort out what would be deemed as a reasonable split in asserts. My son has asked for the TV. Camping equipment. Bar b q and his pushbike and a small smart car. All is agreed apart from the car she is wanting to have this. She has the entire contents of the home apart from these items can you advise the best way forward the car was bought from her dad for £400
Expert:  Clare replied 2 years ago.
Hi
If that is the only car they have then it shoudl be left with her I am afraid
Clare
Customer: replied 1 year ago.
We had a court order put in place on 27/1/16 that my sons ex partner had to make his son available at the contact centre between 1&3 pm every Satyrday until final hearing on 17/3/16. To date she has not had him there on 2 occasions please can you advise were we stand on this now?
Regards
Expert:  Clare replied 1 year ago.
HIThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstI am sorry I am a little confusedIs your son seeing the child at a Contact Centre or overnight at home?How much is your son's gross income?
Customer: replied 1 year ago.
All I need to know is whether by not making him available at contact centre is she in any sort of breach of the court order all the other info is in previous conversations
Expert:  Clare replied 1 year ago.
HIYes she is in breach of the Order and your son can apply to the court to enforce itThis is done using a form C79I do not currently have access to previous conversations so if you wish to have those parts answered I will need the further informationClare