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F E Smith
F E Smith, Advocate
Category: Family Law
Satisfied Customers: 14108
Experience:  I have been practising for 30 years.
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My child maintenance payments are putting me in financial

Customer Question

My child maintenance payments are putting me in financial difficulties. I do not see the kids and have not seen them for over 7 years my ex wouldn't let me. She as hut me with child maintenance of £340 a month with all our bills we do not have that sort of money left over what can I do
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: I have sent a letter to csa asking them to reconsider the payments but they will not I was told I can go to court of my friend but I do not know how to go about it
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: I live in blackpool Lancashire
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I have kids at home and its putting strain on my relationship
Submitted: 14 days ago.
Category: Family Law
Expert:  F E Smith replied 14 days ago.

Good morning. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

how many children are you paying maintainance for?

is this amount what the CSM have decided or just your ex?

Customer: replied 14 days ago.
We pay child maintenance to 2 other parents. The £340 a month for 1 parent is what the csa say we have to pay and it's for 3 children one at 17 one at 15 and one at 13
Customer: replied 14 days ago.
I dont have the money for a call back
Expert:  F E Smith replied 13 days ago.

Whether you see the children or not is not relevant to the payment of child maintenance.

I don’t know whether it’s your choice or the exes choice but it appears to be the exes choice and if it is, then you need to make an application to court for a Child Arrangement Order.

 

 

Here is the link to the Government webpage on Child Arrangement Orders.

https://www.gov.uk/looking-after-children-divorce

 

There are lots of different Child arrangement orders.

They can include:

 

A Contact Order which specifies when parent sees a child,

 

Residence Order to determine who your child lives with,

 

Prohibited Steps Order to prevent a parent doing something with the child such as moving away

 

Specific Issue Order to allow a parent to do something specific with the child such as moving away.

 

 

Please note that before rushing off to court you have to have tried mediation first, even if it fails

 

 

You are liable to pay Child Maintenance at the CMS rates which are here

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/672432/how-we-work-out-child-maintenance.pdf

 

Do read the whole document but the basic rates start at the top of page 18.

Child maintenance is reduced by 1/7th for each 52 nights that the non-resident parent has the children.

Please note this is based upon income and not capital or savings. Also, whilst it does take into account any other children that you may pay maintenance for either in a new relationship or any previous relationships, your outgoings are not relevant if for example your rent and other outgoings are extremely high.

 

I’m sorry, I appreciate a lot of this is probably not the answer you wanted.

Can I clarify anything else for you?

 

I am happy to answer any specific points arising from this.

 

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

 

You may need to login again to use the rating service. Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

 

It's important that you use the rating service because that gives me credit.

 

It doesn't just give me a pat on the head! It's what gets me paid!!

 

There is also an experts incentive scheme whereby the more 5 star ratings I get I do actually get a pat on the head!

 

All you need to do is press Submit.

 

Thank you.

 

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

 

Best wishes.

 

FES