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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35050
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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Hi there Ive received a letter today from the child maintenance

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Hi there I've received a letter today from the child maintenance service team asking for a maintenance payment for a child born in 2006 that I have never seen and cannot prove is mine I had split up with the mother of the child 8 months before the birth and there was some question of who the father was I took legal advice at the time and was told by my solicitor that as I was not on the birth certificate I had no rights and it would be a long and costly excersise to prove I was the father and get any access to the childMyself and my parents approached the mother and her family and we were told it wasn't my child and they didn't want any contact then or in the future I decided at the time that it would be in the child's best interests to walk away I have had no contact and have never seen the child The cms have calculated my income on my old tax return from 2 years ago and I'm now employed by a limited company and get a wage of £650 per month I recently married and we have our first child so my wife is on maternity so we pay her dividend from the ltd company into my account to supplement our income things are tight for us financiallyWhat do I do now and were do I stand ?
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
is this the first contact from the CMS and have they explained your right to a DNA test?
Customer: replied 3 years ago.
Hi clare yes this is my first letter and the right to a DNA test is explained
To be fair It is possible this child is mine but I'm reasonably sure I'm not on the birth certificate
When I went to the solicitor 8 years ago she also told me that as Louise hadn't named me on the birth certificate it also meant she had no rights to ask me for money without giving me access to the child ?
And I would happily contribute as I've always wanted to part of the child's life but I was denied any contact and was told explicitly by the mother and her family that they would never ask for money and I would never see the little girl
I don't feel its fair that I should contribute if I never get to see my daughter
Also I feel it would be wrong to introduce me as the child's father at this stage In her life
I'd hoped that Louise would meet somebody and the little girl would think of him as her father and hopefully live a happy and full life never knowing about me
I am sorry but the Solicitor is wrong.
Maintenance and contact are not linked - it is possible that the solicitor was simply suggesting that if you pushed for contact then your ex would push for maintenance.
If the child is biologically yours then you will have to pay maintenance at 12% of 89% your gross income (89% because you have another child)
I would suggest that you do pay for the DNA test if there is any doubt that the child is yours
However it is certainly not too late to also pursue contact if you still wish to do so and would be a perfectly reasonable reaction to the arrival of the demand
I hope that this is of assistance - please ask if you need further details
Customer: replied 3 years ago.
Figures not factual I've since spoken to cms and because my wage is only £650 as I stated I won't pay any compensation on the first £100 and the £75 balance only qualifies for around £5 not 12% of my gross
The rules all changed in 2013
I am sorry that you felt that my service was poor meaning that I get no credit for my time and which is not necessary for and does not trigger a refund
My apologies - I have to admit I assumed that it was a week not a month given how low it was.
I should mention however that if the Limited Company is yours then I am afraid that the CMS will count any dividends that you receive as income for assessment purposes - and if instead you try and leave the money in the company then that too can be assessed.
If the company is not yours however the all is well (although still worth doing the DNA test for your peace of mind)
Clare and other Family Law Specialists are ready to help you