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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
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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I am the father of a dependant child of z14 who lives with

Customer Question

I am the father of a dependant child of z14 who lives with her mother and I have provided financial support since birth, though we were never married nor did we live together. In my understanding the legal amount of child support is 15% of net income to the first dependant child, with adjustments for any care the father provides. At the end of last year my income halved due to a job loss, but I do have savings due to an inheritance, so I have continued to pay child support at the same level. My question is, can I now reduce this or does the law alsosponge make account of my savings? I do not wish to cause hardship to my daughter or her mother but feel it is reasonable to make some reduction in what I pay, especially as her income has gone up.
Submitted: 2 months ago.
Category: Family Law
Expert:  Clare replied 2 months ago.

Thank you for your question

My name is Clare

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

Do you pay maintenance voluntarily?

Customer: replied 2 months ago.
I am the father of a dependant child of...
I am the father of a dependant child of z14 who lives with her mother and I have provided financial support since birth, though we were never married nor did we live together. In my understanding the legal amount of child support is 15% of net income to the first dependant child, with adjustmentsfor any care the father provides. At the end of last year my income halved due to a job loss, but I do have savings due to an inheritance, so I have continued to pay child support at the same level. My question is, can I now reduce this or does the law alsosponge make account of my savings? I do not wish to cause hardship to my daughter or her mother but feel it is reasonable to make some reduction in what I pay, especially as her income has gone up.
Yes
Customer: replied 2 months ago.
Customer: replied 2 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 2 months ago.
I can't seem to type my response in. But the answer to your question is Yes, voluntarily
Customer: replied 2 months ago.
Are you still there?
Customer: replied 2 months ago.
My phone number is *****
Expert:  Clare replied 2 months ago.

MY apologies for the delay

In fact the newest rules are 12 % of your Gross income (less a deduction for the time she spends with you)

You can read more here

http://www.nacsa.co.uk/index.php/cs3-calculations

Your savings are not counted.

I hope that this is of assistance - please ask if you need further details

Customer: replied 2 months ago.
Ok thanks. And you're sure that savings do not figure at all in this? Interested income would obviously be part of total gross income, but apart from that they don't count at all?
Customer: replied 2 months ago.
Interest income that should have been
Expert:  Clare replied 2 months ago.

Not any more no

Customer: replied 2 months ago.
Not any more? I don't think it ever was. It was always income based. So you absolutely guarantee that no legal claim can be made by the mother of my child for any of my savings?
Expert:  Clare replied 2 months ago.

In the CS2 version the court could allocate a fictional 8% interest rate as part of your income on any assets above £65,000 which is not your home.

They would then raise an assessment on that fictional sum.

They can longer do that

Customer: replied 2 months ago.
Ok thanks. Can you explain what the CS2 version was and what we have now? Could it change back again?
Expert:  Clare replied 2 months ago.

In the CS2 version the court could allocate a fictional 8% interest rate any assets above £65,000 which were not your home.

They would then raise an assessment on that fictional sum.

They can longer do that

There is no chance of it changing back again

Customer: replied 2 months ago.
ok thank you
Expert:  Clare replied 2 months ago.

You are most welcome I hope all goes well

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