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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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My ex partner as moved to Malta i was paying child

Resolved Question:

hi my ex partner as moved to Malta i was paying child maintenance for my son since she as moved abroad i stopped paying and started to put the money into an account for him is this legal or do i still have to pay his mother
Submitted: 11 months ago.
Category: Family Law
Expert:  Harris replied 11 months ago.

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

-Are you in England or Wales?

-Was there a CMS/CSA calculation and formal arrangement?

-Was there a court order regarding this, if so in what proceedings and when was this made?

Customer: replied 11 months ago.
Hi I'm in England there wasn't any Csa involved it was a formal agreement before she left to live in Malta
Expert:  Harris replied 11 months ago.

What do you mean by formal agreement? As in a court order or a consent order approved by the court?

Customer: replied 11 months ago.
Hi sorry there wasn't anything agreed by anyone that I keep paying Maintenance to her the only agreement between us is that I was ok for my son to live with her over in Malta
Expert:  Harris replied 11 months ago.

Thanks for confirming. In the circumstance you have no enforceable agreement and are able to pay the sums into a separate account for your son. I would suggest you inform the mother of this before stopping the current maintenance.

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.

Expert:  Clare replied 11 months ago.

My name is ***** ***** I have been a solicitor for more than 30 years.

Whilst my colleague is correct and at present there is no enforceable agreement you do need to be aware that if you stop paying your ex is entitled to make an application to the Maltese Courts for child maintenance which can then be enforced in the UK OR she can apply to the Uk courts for an order directly.

You may wish to consider the risks of this before stopping payments

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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