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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35773
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My husband believes his ex wife has claimed child

Customer Question

My husband believes his ex wife has claimed child maintenance from himself and the child’s biological father, is this allowed?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No, just seeking legal advice. He has been through courts before and is reluctant to again but feels his ex wife claim through CMS and a court order
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: I’m in Northern Ireland, it would have been Craigavon court
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The child in question is now 21
Submitted: 7 days ago.
Category: Family Law
Expert:  Clare replied 7 days ago.

My name is ***** ***** I shall do my best to help you. I am reviewing your question now, and will respond further within a few minutes

Expert:  Clare replied 7 days ago.

Was your husband paying under a Court Order and when did it end?

Customer: replied 7 days ago.
he was paying under a court order for 2 children. He stopped paying for the eldest girl when she turned 18 which was June 2017, this was agreed with his ex wife. She is not his biological daughter but treats her as his own. He now suspects his ex wife was claiming through CSA from her biological father because his ex wife changed from the court order to CMS for their youngest daughter out of the blue.
Expert:  Clare replied 7 days ago.

Dud he ask at the time that the court order was made?

Customer: replied 7 days ago.
No he presumed there was no contact whatsoever with the biological father
Customer: replied 7 days ago.
Biological father was abusive to his ex wife when she was pregnant with eldest daughter, she returned home from Wales and started a relationship with my husband and later married before the child was born.
Expert:  Clare replied 7 days ago.

But you have no evidence that she did make a claim against him?

Customer: replied 7 days ago.
No we have no evidence she claimed against biological father, is there anyway of finding this out?
Customer: replied 7 days ago.
Freedom of information?
Expert:  Clare replied 7 days ago.

No I am afraid that there is no basis on which you can obtain this information.

In addition there is no guarantee that the court would not have made the order in any event even if she had been making such a claim.

There is no law that says it cannot happen - it is just unlikely that the court would order it.

It is of course equally likely that she switched to the CMS at that point as she was not able to make the switch whilst payment weer still needed for the older child.

I am sorry but there i snow no way to either find out if it happened - or to have the Court Order amended if it did.

I am sorry that the news is not better - please ask if you need further details