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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34885
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 have been paying child maintenance for my daughter for a

Customer Question

I have been paying child maintenance for my daughter for a while now. In November last year circumstances changed and there is a court order in place stating that our daughter spends exactly half a time with each parent. It was also agreed that my ex will cancel child maintenance as long as I will pay half towards the school meals which I have started to do but stopped as he didn't cancel maintenance. Is there anything I can do to 'force' my ex to cancel child maintenance? I don't think it is fair that I have to pay especially as I am the one paying for most of her clothes and my ex spends hardly any money on our daughter.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Was the agreement documented in the Court Order at all?
Customer: replied 3 years ago.

Yes, all that is in the court order.

Expert:  Clare replied 3 years ago.
Could you reproduce the wording for that here please?
Customer: replied 3 years ago.

'And upon it being agreed that the Respondent Father shall withdraw his claim for Child Support on the understanding that Applicant Mother shall pay half-share towards dinner money, school uniform and Polish school lessons'

Like I have mentioned before I have started to pay towards school dinners (although my ex denies it), most of the school uniforms are purchased by me, I didn't have a chance to pay for polish lessons as payment hasn't been due yet.

Expert:  Clare replied 3 years ago.
How much have you had to pay to the CSA since the order was made - and has it been re-assessed base don the current care arrangements?
Customer: replied 3 years ago.

I have paid around £500 It has been re-assessed and I am paying less than before the court order. Although I have informed CSA that we have 50/50 arrangements they said I still need to pay as he is receiving child benefit. Tried to change who's child benefit paid to I didn't succeed.

Expert:  Clare replied 3 years ago.
In that case you can sue your ex for the money that you have paid him so far using the Money Claim online Service here
and of course claim the costs of doing so.
I suggest that you warn him that you will do this every four months if necessary
You will of course then have to pay the dinner money and lessons!
Please ask if you need further details