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MARCUS Malin
MARCUS Malin,
Category: Family Law
Satisfied Customers: 2499
Experience:  Consultant Solicitor at Setfords
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I am writing to ask about child maintenance and what the

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i am writing to ask about child maintenance and what the other party is supposed to provide to the paying parent? or if a paying parent can stop paying as the maintenance payment is not caring for the children they are paying for???
JA: What steps have you taken? Have you filed any papers in family court?
Customer: this is a mutual payment plan after a split in 2015
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: dartford kent
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello, my name is Marcus.

Can I ask how old are the children and who do they live with.

Thank you.

Customer: replied 7 days ago.
My children are 6 and 10 and live with there mum? She has stopped privideing clothes, shoes or coats when kids come to stay with me so I have to go and buy clothes for there stay with me

Hello, are you paying child support?

Has M given any reasons for not providing clothing etc.

Thank you.

Customer: replied 7 days ago.
i am paying £70 per week towards my children based on what the csa calculator tells me to pay. 1 weekend she sent them to my house with clothes that didnt fit so i had to go and by clothes for them, since then she hasnt sent clothing over for them, i have them now this weekend and she has sent them over with tshirt and shorts with flip flops, i have to buy more clothes as the ones i have for them which i bought no longer fit?what im asking is if i have to provide clothing for when they are here do i still have to pay maintenance to the mother for getting nothing for them?

Sadly yes.

You have to pay child support regardless. If you stop then mother would apply to the Child Maintenance Service and they would assess you regardless.

As for mother not provide clothing that is a difficult issue to address with a court application which is unlikely to be cost effective.

You could reduce / stop the child support and see how mother responds although as I say she could go to the CMS but it would take a time to assess so if let’s say you stopped paying you may have say 2 months of no child support until the CMS assessed you that would provide funds from which you could buy clothing for the children whilst in your care.

Thank you.

Customer: replied 7 days ago.
i know that she has another child with someone else and that he has stopped paying towards them under the same reasons and she has stopped him from getting contact with his child, if i stop paying what can i do if she does the same thing to me?

Yes in practical terms she can but by rights she should not. You would then have to apply to the court for a Child Arrangement Order for contact - what you will get - but she can play difficult along the way and put you to inconvenience and expense.

It does not sound like that she is child centred - she is noting putting the children’s best interests first.

Thank you.

Customer: replied 7 days ago.
i dont suppose i can have this all in writing can i or sent to me via email so i have a hard copy of this, and the price of what it would cost if i have to take her to court for a contact order

Firstly you would be able to take a screenshot of this conversation.

You could ask customer services as to whether or not they can provide it in an email for you sadly I am unable to do so.

As for the cost of going to court it depends on how difficult she is however as you have had contact until now and the reason for stopping contact is not a genuine one I would imagine contact will get up and running at the first hearing.

Therefore I would imagine cost would be around £1,000.

You could make an application yourself and if you are minded to do so I could provide you a step-by-step guide of what you need to do.

Thank you.

Customer: replied 7 days ago.
i thank you for your time and advice in this matter

You are most welcome.

I will provide the step by step guide shortly just in case you need it.

Customer: replied 7 days ago.
please and thank you again

Application for a Child Arrangement Order to live with formerly known as a Residence / Custody Order.

Application for a Child Arrangement Order to spend time with formerly known as Contact Order.

Mediation

Requirement to consider mediation before application can be made.

So either Google mediation and your area or use the link below.

https://www.familymediationcouncil.org.uk/find-local-mediator/

You then need to contact the mediation service and arrange a MIAM - Mediation Information & Assessment Meeting.

You will have a meeting either face to face or on the phone. At the end of the meeting you can either elect to mediate in which case the mediator will contact the other party to see if they are willing or you can say you wish to make an application to the court. If you choose the later the mediator will sign a page of the C100 application form to enable you to make an application to the court.

Application to the Court

You need to find your nearest Family Court. You issue at the court nearest to where the child lives.

On the link below select - area of law interested in / children - then enter postcode.

https://courttribunalfinder.service.gov.uk/search/

The application form is a C100 see link below.

https://www.gov.uk/looking-after-children-divorce/apply-for-court-order

You should then either:

- Post 3 copies to the Family Court, or

- Email a copy. If you email use the word 'Gatekeeper - C100' in the subject line.

There is a court fee of £215. If however you are on a low income you may get help with the court fee using a EX160. If you are entitled you should complete and send a copy with the C100 application form.

https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees

If you have to pay a fee provide the court in either a covering letter or within the email a contact number for them to call and take payment of the court fee.

Your application will be issued and listed for a FHDRA - First Hearing Dispute Resolution Appointment.

Before the hearing CAFCASS will contact you and the otherside to arrange a telephone appointment. They will call you close to the hearing to discuss the matter. They will then prepare a Safeguarding Letter for the court setting out your respective positions and suggested way forward.

If there are welfare issues they are likely to suggest a Section 7 Report which gives CAFCASS more time to investigate the concerns and make a recommendation for future contact or with whom the child should live.

If there are no welfare issues then it is likely that the role of CAFCASS will come to an end and the court will make directions to resolve your matter if an agreement cannot be reached.

https://www.cafcass.gov.uk/

If there are no welfare issues it is possible to agree at the FHDRA and a Final Order can be made.

So there are 3 possible outcomes at the first hearing:

- You agree and Final Order made.

- There are welfare issues so order made for Section 7 Report and matter listed for DRA - Dispute Resolution Appointment, or

- There are no welfare issues but you cannot agree so court order the filing of statements and list the matter for a Final Hearing for a judge to hear evidence and make a decision.

Sometimes if very serious allegations are made then rather than the above there may need to be a Fact Finding hearing to determine the allegations if they are not accepted. In which case the court will give directions to deal with the allegations

MARCUS Malin and other Family Law Specialists are ready to help you