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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34503
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 wife left me and is living with another man, she is also

Customer Question

My wife left me and is living with another man, she is also expecting his baby. we have three children, my daughter lives permanently with her mother, my eldest son lives permanently with me and we share our youngest son. It works out that she has him 2/3 days a month more than me. I have been in contact with Child Maintenance for months telling them this but they are now about to take money direct from my wage and legal action for outstanding payments. We share 50/50. My ex is also working full time! I will not be able to pay my bills or petrol to get to work if they take this from my wage and I still have to look after my children as much as she does.Can you tell me what form N56 is for?Thankyou
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to hep you but I need some further information first

How old are the children

Customer: replied 1 year ago.
Chloe is 14, Callum 11 and Liam is 9
Customer: replied 1 year ago.
sorry Clare can I get back to you later
Expert:  Clare replied 1 year ago.

Yes of course

How much are the arrears?

Customer: replied 1 year ago.
I am not at home at the moment where all the correspondence is but it's about £2,500 and they want to deduct £332 a month
Customer: replied 1 year ago.
Hi again Clare do you happen to know what form N56 is for?
Expert:  Clare replied 1 year ago.

Yes it is the form that you can feel in which allows the Court to set the "protected income" rate

You can find it here

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n056-eng.pdf

The court will then identify what the protected income level should be - and only your earnings above that line are at risk

To actually attack the basis on which the money is being taken you will still have to go through the CSA appeal process.

Please ask if you need further details