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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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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Can my child's father refuse to pay maintainance month

Resolved Question:

Can my child's father refuse to pay maintainance for a month because I went on holiday? the holiday had not been contested but he cancelled the standing order for that month and says he has the right to do so.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youNo your ex is not entitled to stop paying maintenance because you went on holiday.If he is paying under a voluntary arrangement you should consider applying for a formal CSA assessment so that arrears can be enforcedI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 2 years ago.
A concise precise response
Expert:  Clare replied 2 years ago.
Thank you - but do feel free to ask for anymore details that you need
Customer: replied 2 years ago.
He says he spoke to someone from the Cib (Citizens advice bureau)?? who gave him conflicting information. He says he told me not to take him but i have no evidence of that. I went on holiday with my family. Is there a statement I can give him or some way I can get it in writing (like going to a local solicitor) that he should pay without going through the CSA? The CSA would reduce the child support in the end with their charges
Expert:  Clare replied 2 years ago.
He has not been told that because it is not true - and you can speak to the CMS to confirm this.https://www.gov.uk/child-maintenance/overviewThe cost to you of using the CSA is in fact modest - and I suspect much less even over a year than you have lost because he refused to payTechnically you cannot take the child out of the Uk without either his agreement or an order from the court - but the fact that you did still does not change the position on maintenanceClare
Customer: replied 2 years ago.
I shall phone the CMS tomorrow. I read online, however, that they will not chase arrears on a voluntary agreement but at least it might protect me if he tried it again?
Expert:  Clare replied 2 years ago.
No they will not do so - but they will confirm the position regarding holidays!
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