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Buachaill
Buachaill, Barrister
Category: Family Law
Satisfied Customers: 13383
Experience:  Barrister 17 years experience
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I need a consultation for my son who is 2 months old about

Customer Question

I need a consultation for my son who is 2 months old about child support from her father
JA: What steps have you taken? Have you filed any papers in family court?
Customer: none
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 live in Brazil but his father is in the UK
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I prefer a LAWYER based in the UK
Submitted: 17 days ago.
Category: Family Law
Customer: replied 17 days ago.
Hi, I have a son name Ben who is 2 months old. Im Brazilian his father is Irish and lives in the UK. I want to know about Child support. How is it in the UK?
What are my son's rights? How much he need to pay fro Ben?
Customer: replied 17 days ago.
If he refuse to pay if I get him to pay somehow by a lawyer?
Customer: replied 17 days ago.
if I can di that from Uk or should I do from Brazil?
Expert:  Buachaill replied 17 days ago.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Customer: replied 17 days ago.
Thank you
Expert:  Buachaill replied 17 days ago.

1.  If the Irish father of your son Ben is resident in the UK, then you need to open a case with the Child Maintenance Service who can enforce payment against the father in the UK.  Here is a link to the UK Government website where you can start an online account to get the child maintenance payments paid to you. Manage your Child Maintenance Service case - GOV.UK (www.gov.uk).  The rate of child maintenance payment for one child is 15% of the net after tax income of the father.  So, in essence, the father will have to disclose his income to the Child Maintenance Service and you can have the monies deducted at source from his income each week or month, depending upon when he gets paid.

Expert:  Buachaill replied 17 days ago.

2.  Be aware that there is 4% of the maintenance payments deducted by the Child Maintenance Service as a contribution towards the running of the service.  Be aware that it makes no difference that you are Brazilian or that the maintenance payments might go into a Brazilian bank account.  You can still use the Child Maintenance Service to collect the payments for you and have them paid over to you each month.

Customer: replied 17 days ago.
If I understand right he will need to pay Ben 15% of his income after taxes?
Expert:  Buachaill replied 17 days ago.

3.  Yes. That is the rate of payment for one child.

Expert:  Buachaill replied 17 days ago.

4.  Be aware that another Expert will provide the Live Phone Service because I am currently unavailable to make a call.

Customer: replied 17 days ago.
Another question he was living in Germany and he just moved to Uk and Im in Brazil right now. Can I still do it from The Uk even though im Brazilian?
Expert:  Buachaill replied 17 days ago.

5.  Yes, the Child Maintenance Service is available to you, even though you might be in Brazil.  It is open to anyone who needs child maintenance paid to them.

Expert:  Buachaill replied 17 days ago.

6.  You should first try to make a private arrangement with the father of Ben so that he can make voluntary payments.   However, if this does not work, then the Child Maintenance Service is open to you to get payment.

Customer: replied 17 days ago.
He is sending me 2.000 euros when he wants. This doesnt happen every month. He got two others son with another woman. He look after the other children way better. What he sends me is less than what he pays for his nanny. In Brazil the is law who says that the father has to look after his children equal. Is it
the sam in the UK?
Customer: replied 17 days ago.
I already told him that he needs to look after Ben in the same way but still send the money when he wants
Expert:  Buachaill replied 17 days ago.

7.  There is no law in the UK which states that the father must look after his children equally.  The law simply lays down set amounts which are due in child maintenance.  So, you can get the amount due enforced with the Child maintenance Service.

Customer: replied 17 days ago.
ok. Got it and it is 15% after taxes or they will check how much Ben will need for live?
Customer: replied 17 days ago.
Also, do I need to provide his address?
Customer: replied 17 days ago.
i have all his passport info and old address in Germany but I don't have the new one in the uk
Expert:  Buachaill replied 17 days ago.

8.  The Child Maintenance Service won´t check how much Ben needs to live upon.  The amount is purely based on the income of the paying parent.  You will need his address and details so that the Child Maintenance Service can locate him and enforce the payment order against him. Essentially, the Child Maintenance Service needs to be able to locate him in the UK and make the payment order against his income.  So, this is information you need to obtain.

Customer: replied 17 days ago.
Thank you very much
Expert:  Buachaill replied 17 days ago.

9.  You are welcome.  Glad to have been of assistance.

Customer: replied 17 days ago.
I have another question
Customer: replied 17 days ago.
that I forgot to make.
Customer: replied 17 days ago.
Julian, the father of my son just moved to Uk. Before he was living in Germany still ok when it come to disclose his income?
Expert:  Buachaill replied 16 days ago.

10.  It makes no difference to the issue of disclosure of his income that he was previously living in Germany.  It will be his income in the UK which will count towards the Child Maintenance payments.

Customer: replied 16 days ago.
But if he moved to the UK last month he only has prove of income from Germany. Is it possible to find out his income even though he hasn’t declare anything in the UK yet?
Expert:  Buachaill replied 16 days ago.

11.  You will have to either find out yourself or else ask the Child Maintenance Service to assist you in this regard.  Essentially, the father of Ben will have to disclose to them just what he is earning in the UK.