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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34910
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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Can my child's father refuse to pay maintainance month

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Can my child's father refuse to pay maintainance for a month because I went on holiday? the holiday had not been contested but he cancelled the standing order for that month and says he has the right to do so.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youNo your ex is not entitled to stop paying maintenance because you went on holiday.If he is paying under a voluntary arrangement you should consider applying for a formal CSA assessment so that arrears can be enforcedI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 2 years ago.
A concise precise response
Thank you - but do feel free to ask for anymore details that you need
Customer: replied 2 years ago.
He says he spoke to someone from the Cib (Citizens advice bureau)?? who gave him conflicting information. He says he told me not to take him but i have no evidence of that. I went on holiday with my family. Is there a statement I can give him or some way I can get it in writing (like going to a local solicitor) that he should pay without going through the CSA? The CSA would reduce the child support in the end with their charges
He has not been told that because it is not true - and you can speak to the CMS to confirm this. cost to you of using the CSA is in fact modest - and I suspect much less even over a year than you have lost because he refused to payTechnically you cannot take the child out of the Uk without either his agreement or an order from the court - but the fact that you did still does not change the position on maintenanceClare
Customer: replied 2 years ago.
I shall phone the CMS tomorrow. I read online, however, that they will not chase arrears on a voluntary agreement but at least it might protect me if he tried it again?
No they will not do so - but they will confirm the position regarding holidays!
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