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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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I am separated from my daughters father and have been

Resolved Question:

I am separated from my daughters father and have been for 2 years now. we never made any financial arrangements for child support and her father paid me what he thought was reaonable. I went to the CSA and they made their assessments which are extremely low. He has recently moved in with his new partner and is in a far better financial position however this is not factored in to any child support calculations.
We will be hopefully be divorcing on ground of 2 years separation and I am keen to get financial arrangements sorted as part of the divorce.
During our time together I supported my husband financially, working full time whilst he picked up the odd part time job here and there. He always promised to return to work but never actively sought employment until he left the marital home.
Could you advise whether I am able to make legal arrangements for child support even though there is a case open to the CSA?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youI am afraid that the Court cannot be involved in Child Maintenance where there is an open assessment with the CSA - and in factcan only make such an Order where BOTH parties agreeI am sorry to give such bad news - please ask if you need further details
Customer: replied 1 year ago.
If I were to close the case with the CSA would I then be able to go through the courts for Child maintenance?
Because my estranged husband never contributed financially during our marriage and time together are there any other ways I am able to request a financial settlement?
Expert:  Clare replied 1 year ago.
I am afraid not - the Court can only deal with Child Maintenance is BOTH parties agree on a figure - unlikely in your case.Financially the only claim that you can make is in respect of capital assets.
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