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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex wife is wanting to use collect and pay for child

Resolved Question:

My ex wife is wanting to use collect and pay for child maintenance, but this adds an extra 20℅ to my payment. This is totally unfair, and I don't see what I cannot use the direct pay. Can I refuse collect and pay from a legal standpoint?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Since the CMS are involved the collect and pay option would have been provided to her as this would ensure that maintenance is paid each month and the CMS will deal with you to collect payment so she will not have to - this method is usually used for parents who cannot agree things between themselves, and unfortunately if she opts for this method then you will be obligated to comply, however she should be made aware that 4% of the maintenance she receives will go to the CMS as her fee.

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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Expert:  Clare replied 1 year ago.

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

The only basis on which your ex can force you to use "collect and pay" is if there is a good reason for doing so.

This could be because of a past history of non payment - or because it would not be safe to let you have her bank details because of a past history of harassment

So provided you start to make the payments and do not miss any she cannot force you into this

Please ask if you need further details

Customer: replied 1 year ago.

I had one delay in payment (14 days) because I changed jobs and did not get paid until later in the month. Otherwise every payment is made on time. This is why I wanted to question it. Your advise is far superior than other experts as usual.

Expert:  Clare replied 1 year ago.

That once should not be enough given the reason