Ask a Family Law Question, Get an Answer ASAP!
Hello, my name is Peter and I’ll do my best to assist you today.
Please bear in mind as this is an email service and not live chat I may not respond immediately.
I'm reviewing your question and will revert back to you shortly.
What is the demand for and is this in line with what you have been paying previously? Did you have an informal agreement that was working well regarding maintenance? If so, you can notify the CMS that you have a family based arrangement and there is no need for the CMS to be involved.
If the demand is for more than you have been paying, and you wish to dispute it, then you can also do this.
If you wish to challenge the paternity of one of the boys, then you would need to make a court application for this.
Is there anything in particular I can clarify?
OK. The two issues are separate, of course.
Firstly with the CMS, if you share care of the children (by having them every weekend this is almost completely shared care) and provide over and above this already, then I would suggest that by relaying this information to the CMS they would advise that there is no liability at the current time. I would advise to make it clear that you share their care equally and already have a 'family based' arrangement in place, therefore there is no need for the CMS to be involved at this time.
I'd advise not to go into the credit card debt issue - it isn't relevant to the CMS and actually just clouds the issues.
This would hopefully resolve the CMS point.
As to DNA testing - the only way to get this is by a court order if your ex won't agree. But simply proving that. child is not yours biologically would not be the end of a relationship and contact with them, as contact is always in the children's best interests and could continue as before, it is just the legal obligation to provide financial support for the child that would change.
I hope this makes sense?
Can I assist you further with your question?
If you have further questions, you can always come back to me.
In the meantime, if you could take a second to provide a 5 star rating (top right of your screen) I'll be credited for my time spent responding to your question.