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F E Smith
F E Smith, Advocate
Category: Family Law
Satisfied Customers: 10401
Experience:  I have been practising for 30 years.
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The father of my children doesn't pay maintenance payments

Customer Question

The father of my children doesn't pay maintenance payments for his children, has never since the day they were born (age 3 - twins). Yet he claims he "doesn't work" - yet jets off on about 2-3 holidays a year, has a car, always going out. And had just had a car accident where he is going to get compensation for his "so called" injuries (yet I know he's rising them! But he will still get a payout.. I just know it! Always falls in his feet!
How do I go about getting payments from someone who clearly has money, but is not in the system as working or not working - because they obviously do other unsolicited things. And would my twins be entitled to any of this compensation too??
Submitted: 12 days ago.
Category: Family Law
Expert:  F E Smith replied 12 days ago.

Hello for clarification - have you had the CSA involved?

Customer: replied 12 days ago.
Hello... no but because he doesn't have a "forwarding address" or a job, or declared as unemployed - I didn't think they would be able to do anything?! He gets all his bills etc sent to his mothers address but he doesn't live there..
Expert:  F E Smith replied 12 days ago.

You need to contact the Child Maintenance Service and they will carry out the necessary investigations including looking at how much income he declares the tax burden. If his lifestyle is inconsistent with his declared income, the revenue will investigate him in depth.

If he has a large amount of capital such as he won the lottery or he is a professional gambler or he has inherited lots of money and doesn’t need to work, you cannot claim Child Maintenance from anything other than income. It has to be income from work, you cannot take money from capital

Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

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If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.