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Joy Nicholas
Joy Nicholas, Lawyer
Category: Family Law
Satisfied Customers: 548
Experience:  Lawyer
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My ex partner who I have a child with has never paid

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My ex partner who I have a child with has never paid maintenance but just had a payout of 500k - he still doesn’t want to pay anything and because it’s non taxable (accident pay out) he said he doesn’t have to pay
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No we have had an amicable relationship for our son, I have asked him but he won’t pay
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: My main question is am I entitled to receive maintenance from him as he now has 500, 000 in the bank
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: If I can do anything to get financial support from his payout
Hi, thank you for your message. Can you confirm does he work full time?
Joy Nicholas, Lawyer
Category: Family Law
Satisfied Customers: 548
Experience: Lawyer
Joy Nicholas and 2 other Family Law Specialists are ready to help you
Customer: replied 5 days ago.
No he doesn’t work, he just received £500,000 because of an accident he had, he is planning on buying and selling properties
Customer: replied 5 days ago.
07941072774
Customer: replied 5 days ago.
Hi has the call request been sent?
Customer: replied 5 days ago.
Can I apply to the court or do anything to get any child maintenance
Customer: replied 5 days ago.
Are you still available?
Customer: replied 5 days ago.
Hi is it still possible to get advice on this?
Customer: replied 5 days ago.
Hi

Hello, my name is Peter, I have been asked to assist here. I'm a barrister with experience in this area.

It's not clear whether you had a call or not - let me know if not.

In terms of your options, it is possible for the CMS to take an income from his personal assets, due to a fairly recent change in the law.

The value of the asset is considered and a rate of 8% per year of this value is a starting point for assessment of the maintenance assessment.

The key here is to involve the CMS and explain the situation fully, you should then be presented with the options.

I hope this assists?

Customer: replied 4 days ago.
Would it be ok to call me after 4pm
Customer: replied 4 days ago.
Many Thanks

Have you had notification of who (which expert) has accepted your call request?

Customer: replied 4 days ago.
Yes I had a call for a minute last night and they asked if they could call back today, I just wanted to make sure I can take the call without interruption

OK, as it was not me that accepted your call request I can't say - if you let me know who it was I can ask the site moderator to reach out to them.

Customer: replied 4 days ago.
I think his name was Paul - not sure if that’s much help!
Many Thanks

OK - I'll pass the message on. Let me know if you don't get the call as promised.

Kind regards,

Peter

Customer: replied 4 days ago.
Thanks

My pleasure.

Customer: replied 4 days ago.
Hi, I spoke to the solicitor earlier briefly, however I’ve just been told that my ex has put his payout 500,000 into an injury trust fund - so he’s told me today that doing this will make sure he doesn’t have to pay maintain. Is this correct?
Customer: replied 4 days ago.
I’m not sure what if any steps I can take to get maintenance, I know he has also just brought a house

You need to speak to the CMS. There is the possibility of taking what is called a 'notional income' from a 'non-income generating' asset, such as a trust fund.

 

Customer: replied 4 days ago.
I spoke to the cms today and the lady said it was a very grey area, she didn’t offer much in the way of advice - I did ask if they would re evaluate his income, I’m just not sure if there are any avenues. He’s offered to pay £7 a week maintenance and said any other money he wants to pay will go on a Henry account for our son to spend as he wants. It just seems insane that someone can a substantial amount but still not provide for their child

It's not that grey an area.

It may be that you just got someone that wasn't very switched on.

Do try again, you may find that another advisor has a more helpful approach.

Customer: replied 4 days ago.
Thank you I’ll try them again tomorrow, sorry just one last question! - I’m not sure if he is or if this is what prompted him to use an injury trust fund, but if he claims benefits will that stop him having to pay maintenance?

Yes, if he does not have an employment income, unless you have s positive assessment re the asset as above being unemployed and on benefits would prevent him from having to make maintenance payments.

Customer: replied 3 days ago.
Thank you very much for your help, I think he might be claiming dla - frustrating because actually he has a lot of money but he’s never going to pay more than £7 for his son. I’ve just found this whole scenario mind boggling! A dad with 500,000 a very healthy income only has to pay £7 towards their child - it just seems so wrong! Thanks again
Kind Regards
Amanda

My pleasure. Kind regards.