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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I'm having a dispute with my ex husband regarding child

Resolved Question:

Hi, i'm having a dispute with my ex husband regarding child maintenance. He no longer needs to pay for our eldest...he's 19. Our youngest son is 16 and applying to join the army....this process can take up to 4 months. My ex husband believes as our son is not in education maintenance payment is not mandatory and he only needs to pay me a goodwill gesture. Is he correct ? I thought i was still entitled to maintenance and for one child worked out at 15% net monthly pay minus a percentage for the nights my son stays there ? Thank you for your help. Clare Johnson
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
For clarity does your ex pay under a Court Order or via the CSA?
Clare
Customer: replied 1 year ago.
Hi Clare
He pays under a Court Order
Customer: replied 1 year ago.
hi Clare he pays under a Court Order
Expert:  Clare replied 1 year ago.
What are the actual terms of the order?
Customer: replied 1 year ago.
I've found my stamped Consent Order but it doesn't say about maintenance....only the finances regarding the house, savings and pension. I will go through all the old paperwork to see if i can find a seperate form with the child maintenance details. Will that be ok and hopefully, by Monday i'll have the information you need ?
Expert:  Clare replied 1 year ago.
There is no need to look further as it is clear that payment to date has been "voluntary" until now.On that basis it is the CSA rules that will apply.Under this your ex needs to pay child maintenance (at the rate of 12% of his gross income at most) forso long as you are receiving Child Benefit.I hope that this is of assistance - please ask if you need further detailsClare
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