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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2816
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I was wondering if you can give me some advice,i have been

Resolved Question:

Hi my name is ***** ***** wondering if you can give me some advice,i have been separated from my husband now for over 9years we have 2sons19and16, since my husband walked out,i asked for the CSA to take child maintenance from my husband's pay,we then came to an agreement that he pay me each week as we got on a lot better recently ,I have bent over backwards and been very lenient with him when he pays me late,in 2013 myself and youngest son were made homeless my husband went back to his mother's where he has no bills to pay and is constantly late with payments calls me all the names under the sun and I s now refusing to pay by clothes for his son and will not pay any more than 40 pound per week when he earns over 400 a week. can you please give me some advice as what to do.
Thank you
Sarah.
Submitted: 12 months ago.
Category: Law
Expert:  Harris replied 12 months ago.

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

-How old is your son?

-How many nights, on average, does he stay with the father?

-Does the father have any other children in his care, if so how many?

-Is £400 per week income a gross or net figure?

Customer: replied 12 months ago.
Hi thank you for your reply,firstly my son has just turned 16,he does not spend any time with his father ,his father doesn't want anything to do with him, my oldest son who is 20in December and moving out in the new year,he is also working and £400 per week is after tax. Hope this information is enough at the moment.
Customer: replied 12 months ago.
Is my ex supposed to pay for a roof over my sons head?
Expert:  Harris replied 12 months ago.

Thank you for confirming. So long as your 16 year old remains in education (ie. A-Levels) or approved training, the father has a responsibility to pay child maintenance to you - on the information you have provided the legal obligation is closer to £60 per week that he should be paying.

In relation to housing him, this will be your responsibility and if you are unable to suitably accomodate him and the father has the resources to house himself, and the child separately, then this can be pursued in a court application - but given his relatively modest income it is unlikely that he has such resources and his only legal obligation will be in relation to child 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

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