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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34902
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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My partner is divorced since 2009. He has two children he was

Customer Question

My partner is divorced since 2009. He has two children he was employed by the RAF until 2013. His sons are aged 20 and 17, elder one has just left college and is in full time employment. The eldest lives with him. The 17 yr old went to live with his mother in December 2014. Both boys stayed with him after the split until the younger one decided to go and live with his mother in dec 2014.. He is in full time education.
My partner has paid his ex wife 800 per month since there split in 2009 up until May 2013 when he retired from the RAF. He payed this as there was also a daughter to consider , who he has now been told she is not his. He always had suspicions as he was deployed abroad when she was conceived but his ex wife has only recently admitted this. At no point did she pay any maintence for the boys whilst living with him.
On leaving the Raf my partner had a pension payment of approximately £60,000 to which she claimed £29,000.
He has also paid £240 per month since May 2013 until this month as he has had to reduce due to low earnings. He is now paying £120 per month.
His ex wife works part time and receives tax credits. She has recently acquired a mortgage. She is sending nasty texts and phone calls and it's very stressful for my partner. He has paid maintence for six years for a child that isn't his and has requested a DNA test which she refuses to do. Please help.
Thank you
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Is there a court order for the maintenance or does he pay via the CSA?
Customer: replied 2 years ago.
No he doesn't pay through CSA but he pays her via direct debit.
Expert:  Clare replied 2 years ago.
How old is the daughter?
What is his gross income from all sources?
Customer: replied 2 years ago.
The daughter is 15 in Sept this year.. His gross per month is £2100 that includes his raf pension of 900 per month.
Expert:  Clare replied 2 years ago.
How often does his son spend the night with him in the average month?
Customer: replied 2 years ago.
The youngest one , never, he got in with a bad lot and he's with his mother in a different part of the country
Expert:  Clare replied 2 years ago.
The problem is that if his ex applies to the CMS (new CSA) then your partner will have to pay at least 12% of his gross income at least - more if the DNA test on the girl shows that she is his.
In addition he will have to pay for the DNA test upfront if he wishes to challenge the parentage.
You can read more here
The fact that she did not pay maintenance will not change that I am afraid
Please ask if you need further details