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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Family Law
Satisfied Customers: 11657
Experience:  Dual qualified Solicitor and Attorney
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I use CMS for child maintenance, however father has a

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I use CMS for child maintenance, however father has a Private limited Company since November 2020 ( I can see from GOV site ) but he does not work ( I got this information from the CMS report last year informed that he having the state benefits ) so I haven’t received any maintenance through the CMS.
10 and 8 years old. Children live with me. Their father lives 20minwalking distance from my home London.
we only have a child arrangement order. Does not say about child maintenance.
He has got married last year. They do not have any children. Me and my ex share the half school holiday and every other weekend children goes to their father for sleepover Friday evening to Sunday evening.
When I heard about their father from children, most of the time they are home nothing to do so sounds like no working.
Company is mainly for coffee, because of his wife’s family running business in America.
CMS is review every end of May.
Last year May 2021 already he did not have job and have benefits so it was no maintenance until next review.
Question 1
He has wife.
Does it change anything for maintenance? For example when they got an official partner CMS will calculate from the both income?
If their father doesn’t inform his circumstances has been changed, what will happen?
Wife does not have any children and parents responsibility for my children.
Question 2
If CMS will calculate from both income, Can I do some actions for this behaviour?
I understand that even if their father is no paying, still father has right to see the children, but also maintenance is part of parents responsibility so it is contravene as a low point I thought, does it make sense? Or totally irrelevant?
I know and understand through the so many cases that this kind of laws are not working fair or unfair but it’s bit tough for me so I want to find out if there are something I can do.
Customer: replied 16 days ago.
I had a reply for the same question but I don’t think I could mention and explain well for my question so I’d like to know second opinion please.

No him having a wife makes no difference. The CMS will not penalise his wife by forcing her to essentially pay for a child that is not hers. He is entitled to see the children regardless of whether he is paying maintenance or not. I trust this assists

Customer: replied 14 days ago.
Thanks.
It’s really clear answer for me.
So my understanding is that new partner’s financial situation is irrelevant for the child maintenance.
It’s also question is that, what is the point to send the children to him? He does not working instead he having state benefits but the benefits only him and for wife because I’m the resident parent so he can’t apply with children.
I don’t think enough for living and having children half of the holiday and weekends in London.
I mean I want to know from the point of court, judges, law how they thinking about this?
We will try to make a new arrangement without apply to the court when my 1st child go to secondary school but I don’t think we can do that as my son does not want to go to him so how likely this “no maintenance” will be good for us in the court case?
But reality is that of course they have money because wife working with her family business in America so she has money but not working here, that’s why his able to take a state benefits I guess.
Also he testify in the last 2 court that he wants to work and wants to help me for our children’s financially which always only claims in the court, he shows to the judge that new contract then after few months from the court he left the job.
It's mentioned in a notebook that my lawyer handwritten during the last court case but I don’t have any evidence for the children’s father and wife’s financial condition as this information verbally from the children.Another question1
My son saw the child arrangement order because father left somewhere easily to see.
He read all of it then he asked me that order says that shouldn’t talk badly each other ( actual order is that “The mother and father both agree not to speak disparagingly in respect of the other to, or in front of the children, nor to have discussions in the presence of the children regarding matters relating to the said children.”) but father often talk badly about mum, it is breach of the court order isn’t it? the order noted that if you violation of the order, might be jail or fine so will father goes to a jail?
I don’t think it will happen but if it will help our court cases then what kind of things can my son prefer? For example writing a diary? Or talk to someosne…..?!Question 2
My son asked me that can he apply the court for new child arrangement instead of me? Because he wants to talk and say something to the judge.
We had a international relocation court when he was 7years old, it was unsuccessful, he was so disappointed because he was really wishing to go move, he spoke with Cafcass but they didn’t take into account so since then he kept telling me that my body is my choice, it’s my life, its my right to decide my future.
So do you have any ideas for this please?Question 3
My son told me that sometimes he really want to reply back to his father strongly his opinion ( He can’t stand to hear anymore about how father said badly about mother to him or parents of his friends ) and also often father and wife has arguments, father swearing to his wife, my daughter crying because of scared the swelling words and shouting middle of the night, therefore children want to say them opinion then wants to leave from during his care.
But also my son understand that I have to force him to go to their father.
If happened I know that I have to getting touch to the social care, police, school…..whatever I need but I want to know that in case of one day We need to back to the court, what is the most important and weight in the family court, law and judges “parents right” or “Children right”Question 4
Our child arrangement order does not mention that until what age children have to follow the order.
Is it until 16 years old? Or 18 years old?Thank you
Rina

The point of sending the kids to him is that he is their father and therefore is entitled to see them and that is important for them. The no maintenance does not change the importance of a childs relationship with both parents where possible. No your son cannot apply for a new child arrangement as he is a child only you can do that. If you did apply your sons view would be considered. 18 years old. I trust this assists

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