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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2722
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am paying child maintenance weekly, of £137.i will retire

Resolved Question:

I am paying child maintenance weekly, of £137.i will retire end of August on state pension will I still keep paying that some even if I have some money in the bank.
Peter
Submitted: 12 months ago.
Category: Family Law
Expert:  Harris replied 12 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-How many children do you have and how old are they?

-What is your current gross income and what will your gross income upon retirement be?

-How many nights on average do the children stay with you each week?

-Are there any other children in your main care, if so how many?

-Are there any court orders in place regarding child maintenance, if so what?

Customer: replied 12 months ago.
I will get £155 pr week.pension
2 children at 12old not staying
No other children.no court orders
Customer: replied 12 months ago.
Also she has signed a disclaimer that she is can not touch my pension or request any further moneys'
Customer: replied 12 months ago.
When will you answer my question
Expert:  Harris replied 12 months ago.

Thanks for confirming. If there is no child maintenance decision in place, then she will have no enforcement options and she will need to apply for a calculation for your liability which is based on your gross income or your benefits. If your only income is state pension then your legal liability for child maintenance is a flat rate of £7 per week for both children once state pension commences.

Despite you having a "disclaimer" that she will not touch your pension, child maintenance is your legal obligation towards your children and a child maintenance decision will supersede your "disclaimer".

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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