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Joy Nicholas
Joy Nicholas, Lawyer
Category: Family Law
Satisfied Customers: 658
Experience:  Lawyer
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I split from my husband 2 years ago and initially our son

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Hi, I split from my husband 2 years ago and initially our son was sleeping at his new home 4 nights a week during the week and with myself 3 nights a week over the weekend and because of this and to help him financially provide for our son I agreed for him to receive the child benefit payment, our son now stays with me 4 to 5 nights a week and every weekend but my ex husband is still demanding the child benefit money and child maintenance money which I pay each month into his bank account - is this correct?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Nothing through the family courts, just agreed between ourselves at point of initial seperation
JA: 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: Derbyshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no thank you
Hi, thank you for your message. Can I confirm why is he demanding the money still?
Customer: replied 13 days ago.
Hi, because he is receiving the government child benefit he has been on the maintenance calculator to which it states if I have my son 3 nights or more I still have to pay because in his eyes his home is with him
Customer: replied 13 days ago.
I cannot call at the moment sorry, can we continue via mail please
Customer: replied 13 days ago.
so he receives the £82 per week as he insists that our sons home is his house and therefore he is entitled to maintenance from me, to which is send via standing order to his back each month £100, even though our son is with me most of the time as he does not even have a bedroom at his dads and sleeps on a sofa bed in the living room. He says if I stop paying he will contact the child maintenance services and take me for more money.
Customer: replied 13 days ago.
sorry it is £82 per month child benefit not per week.
Hi, thank you for your message. The more time your child stays with you the less child maintenance you will need to pay. The amount will depend on your earnings or what you both agree. If you cannot agree you will need to get CMS involved or you can try making an arrangement through a mediator. You can find a mediator here:https://www.familymediationcouncil.org.uk/find-local-mediator/
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Customer: replied 12 days ago.
Hi, I am already aware of what you have stated above but thank you, what I need to know is if he by law can do this and would I have a case to fight it, and how do I fight it?