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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33279
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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In the eyes of the law, what is child maintenance supposed

Customer Question

In the eyes of the law, what is child maintenance supposed to cover? I have two children and my ex partner contributes £670 a month to cover the living costs in London for both. He does not contribute to school trips, medical bills or anything else.

We have discussed the boys moving into private education. He paid previously for his elder two sons (by another woman) to go to private school from age 7 for one and 11 for another. The agreement he had with is ex wife was he paid two thirds fees and she paid one third and all extras. I have offered to pay 50 / 50 on everything but he says he will only agree if I pay all extras i.e. school trips etc.

He is very bitter with me for leaving him, and constantly uses the children as a weapon of payback. I also have only had a rise of £80 (£40 per child) in the last eight years re maintenance patent, but I know full well his earnings are considerably higher than 8 years ago.

Please could you give me any direction, and should I put up and accept the token offer or go and see a solicitor and do things formerly?

Best wishes,

Nicki Clarke
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your query.
Is the payment made under a court order and if so when was the order made?
Claire
Customer: replied 3 years ago.

No it was through solicitors. We were never married and parted 8 years ago. At this time I had no rights and was not awarded any money re house we were living together in, as my name was not on the mortgage. He made me sign an agreement that I would not go to the CSA for more money, I recently tried to start this process and he said if I did he would stop all maintenance.


 


I am faced with a very domineering character that throws his presence around with great force.


 


The fact that I work, I have tried to be fair in the fact that anything should be 50/50.


 


He only has the children once every three weeks, but I am happy with that. I didn't have children for them not to be with me.


 


The only court order we have is holidays and joint parental responsibility order which he processed. But he doesn't actually keep to his agreed holiday, as in the case that he is supposed to have them for a week at Easter, but has completely dismissed it.


 


Best wishes,


 


Nicki

Expert:  Clare replied 3 years ago.
Hi
May I ask why did you stop the CSA process - bearing in mind that they can enforce their assessment?
Claire
Customer: replied 3 years ago.

I have never gone through the CSA, when I tried to do something it was through a solicitor and her fees were £450 an hour, with his threat and her fees , I just thought I couldn't afford the stress and interfere with my business ie concentrate on what I could earn for the family.

Expert:  Clare replied 3 years ago.
Hi
Ah My misunderstanding I am sorry.
Child maintenance covers everything - school trips included I am afraid so if he will not agree to pay for these he cannot be forced to do so.
However you are free to apply to the CSA for an assessment at any time since there is no court order in place relating to child maintenance
Claire

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