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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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My boyfriend is currently in a dispute over the amount of maintenance

Customer Question

My boyfriend is currently in a dispute over the amount of maintenance he can pay. He was being advised by a solicitor who requested all of my bank statements, proof of earning etc for the purpose of legal aid application. My documents were subsequently sent to the lawyer of the childs mother & the mother. Should my documents have been sent to the other parties as I don't believe I should be responsible for making the maintenance payment if the childs father can't.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youIs there actually an ongoing court case?
Customer: replied 2 years ago.
the case has not been taken to court as of yet.
Customer: replied 2 years ago.
An amount of £40 a week was agreed in court over 11 years ago though since then and currently, the childs father has been either receiving little or no income making payment difficult.
Expert:  Clare replied 2 years ago.
Has she actually issued court proceedings 0 and what income does your partner have?
Customer: replied 2 years ago.
His payments are meant to be made to the courts through the agreement from 11 years ago. That payment would then be made to the mother by the Department of Health and Social Care (DHSS). As my partner has not been able to make these payments, DHSS have said that the mother would need to seek legal advise which she has. My partner in turn saught his own advocate but had his application for legal aid declined and with the lawyers hourly charge rate the same as my partners income (full 40 hour week = £250 after Tax), my partner has had to sever his engagement with the lawer.
Since engaging in June, the lawyer has not resolved or responded to any of the plaintiffs lawyers queries and has lost most of the documentation we provided them with to respond to the plaintiffs lawyer.
Expert:  Clare replied 2 years ago.
Just to check - he gets £250 a week after Tax?
Customer: replied 2 years ago.
Yes that is correct. He is technically self employed/sub contracted though his 'employer' deducts 20% tax
Expert:  Clare replied 2 years ago.
Why was he not able to maintain the payments?
Customer: replied 2 years ago.
Because of his low income. After expenses for estentials such as work travel, food, gas, electric, rent there is nothing left
Customer: replied 2 years ago.
he does however have his son every Friday after school for evening meal and one weekend day (that is if his son actually comes round and hasn't decided he want to go play with his friends instead), buys him clothes etc
Expert:  Clare replied 2 years ago.
What applictaion is your partner trying to make?