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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I split up from my Partner about 2 months ago. We have

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Hello. I split up from my Partner about 2 months ago. We have a child together. I have had to move back into my parents house with my daughter. Since we split, he hasn't payed a penny towards her keep and isn't giving me regular days to have her. He's asking me if he can have her the same day or the day before. If I don't hear from him I make other arrangements for her while I'm at work. He is being verbally abusive towards me in his txt messages and has also claimed that our child isn't his. I want to know where I stand and what To do. Thanks
Hi, thank you for your question. As a non-resident parent, he will be liable for child maintenance which is calculated based on his gross income, whether he has any other children in his care and how many nights on average a week your child stays with him - if you can provide these details I can inform you what his legal obligation is. The Child Maintenance Service can accept an application from you and advise on options to collect payment from him.In relation to arrangements to see your child, these have to be on reasonable notice so that both of you, and the child, are well aware of the arrangements - furthermore, if there is a risk to your child whilst he is in the father's care, then you can stop any arrangements. Verbal abuse is also an offence, therefore if you feel at risk because of this you can cease contact with him.I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
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Customer: replied 1 year ago.
We originally agreed on £30 a week for our daughter about a month ago but Since we made that verbally arrangement he hasn't given me anything. He's got another daughter which he pays child mantaince for. He currently earns £306 a week after tax. At the moment my daughter spends one night a week with him but that's not every week. He has threatened to come into my place of work and accuse people of things they haven't done and also threatened to slander me over social media. I wanted to keep things civil but he doesn't. He's telling me that his work isn't telling him his days off until the day before that's why he's not letting me know when he can have our daughter. I know that is a lie because when we together he would find out his days off at the start of the week
Thank you. The legal amount he should be paying is between £38-40 per week. I would suggest you contact Child Maintenance Options on 0800 0835 130 and submit a formal application.In relation to the arrangements for contact, I would suggest you formally write to him by letter or email setting out your proposals for contact so that there is starting point with what is best for your daughter. You should also put him on notice that if his threats and intimidation continues you have grounds to apply to the family court for a non-molestation order (an injunction) to protect you and your daughter.
Customer: replied 1 year ago.
What do you suggest I put in the letter if he isn't letting me know his days off until the very last minute and asking me if he can have her the same day. I've been saying no to him because I've already made other arrangements for her childcare while I'm at work
You can outline that it is not in your daughter's interest for arrangements for her to see him be made at the last minute as both you and her will have other commitments and you can't heed his requests at a drop of a hat. If he is serious about contact with her then he will arrange his work schedule around his contact time.
Customer: replied 1 year ago.
What do I do if he ignores my letter but carries on asking me at the last minute?
You should refuse to agree to him seeing her. Your child has a right to a relationship with him but he has no right to dictate terms and arrangements when they suit him and at the ladt minute