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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a few questions with regards to child maintenance

Resolved Question:

Hi,
I have a few questions with regards ***** ***** maintenance payments, birth certificates, adoptive parents and household income.
I currently pay child maintenance for a child for whom I have no contact or involvement with, of which the mother of the child has been married for several years and lives with her partner and other child. I am wondering if child maintenance should still be paid under these circumstances? I understand that if I am on the birth certificate then I would have to make payments, however, how am I able to find out if I am on the birth certificate if I have had no involvement? The child is now 7 years old.
With the circumstances that the mother and her partner are in, is there any circumstance where my payments should no longer be necessary? Also with regards ***** ***** if the mothers partner were to legally adopt the child would this mean that payments could then be ceased as I have no involvement.
I am not necessarily trying to escape the responsibility of payments, however I believe that given the circumstances my payments are relatively high when considering the situation.
Also if I were in a relationship with another person and we were to live together, how would this affect payments? I would hope that it would only be my income that is assessed for the payments and not the household income.
Any help in this matter would be greatly appreciated.
Thanks,
Kenny
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Your child maintenance liability is based only on your circumstances and the CMS/CSA assess this liability on your gross taxable income. Their assessment and calculation will only reduce your liability if you have other children in your care or the child spends more time overnight with you. Your current relationship circumstances will not impact the assessment unless you have children residing with you. Furthermore, child maintenance liability is not impacted if your name is ***** ***** the birth certificate and you can only end the liability if you can prove that you are not the father by having a DNA test.

If they adopt the child then your child maintenance liability will end.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

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Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.