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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2811
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: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year 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 1 year ago.
I will get £155 pr week.pension
2 children at 12old not staying
No other children.no court orders
Customer: replied 1 year ago.
Also she has signed a disclaimer that she is can not touch my pension or request any further moneys'
Customer: replied 1 year ago.
When will you answer my question
Expert:  Harris replied 1 year 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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