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F E Smith
F E Smith, Advocate
Category: Family Law
Satisfied Customers: 10498
Experience:  I have been practising for 30 years.
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I have been contacted by child benefit maintenance and I am

Customer Question

Hi I have been contacted by child benefit maintenance and I am going to refuse to pay as I have checked around that if my ex is cohabitating with someone that I no longer have to this true fact or just rumor. Also how to stop them taking money if it's true and do I need to go court to solve this
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
She is saying he is a step dad and he lives with her and children
Expert:  F E Smith replied 1 year ago.

If what you are saying is that you don’t have to pay child maintenance because your ex is cohabiting, no, that is not case.

It is the case generally regard to spousal maintenance (if you were married) but not with regard to child maintenance whether you were married or not.

I’m sorry is not the answer you wanted.

Please rate the service positive. The process by which the experts get paid.

The thread remains open and we can still exchange emails.

Best wishes.


Customer: replied 1 year ago.
how does it work as they would be paying everything together. Where do I stand in all of this as I am expecting to go to court anyway for not being able to visit my children
Expert:  F E Smith replied 1 year ago.

Whether you see the children or not is irrelevant for the purposes of paying child maintenance. Child maintenance and child contact/residents are mutually exclusive to each other.

It does not matter that your ex may now be a millionaire or living with a millionaire, you are still obliged to pay child maintenance at the Child Maintenance Service rates. I’m sorry, I know it’s not the answer you wanted but what you have been told is incorrect