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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 8975
Experience:  Barrister at law
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Hiya I was wondering if I was entitled to child maintenance

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Hiya I was wondering if I was entitled to child maintenance from my sons father although we have t had contact in 4 years due to him being abusive and "threatening to kill me and kidnap my son" (fake account on Facebook)
JA: How old are your children? Where do they live?
Customer: 4 years old and with me in sc**thorpe
JA: Is there an agreement for payment of child support?
Customer: No because of the abuse I suffered I haven't been in contact As advised by police and social services
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'm not entirely sure if there is anything I think of right now

Hello and thank you for the question. I’ll do my best to assist you and provide an accurate and speedy response. Please bear with me as this is an email service and not live chat. Also note that the discussions here are for general information purposes only and do not constitute a lawyer client relationship.

I’ll review and come back to you as soon as I can.

Can you confirm - you haven't yet been in contact with the child maintenance service?

Customer: replied 7 days ago.
No I haven't been in contact with the child maintenance service.

Thank you for confirming. Then yes, if he is your son's father, you are entitled to child maintenance regardless of whether he has any contact or not. You can contact the CMS and set up a claim for maintenance. They will be in touch with him directly and can deduct money from his wages directly so you don't have to be involved.

Please see here:

https://child-maintenance.service.gov.uk/apply/

I hope that this resolves the query for you? Can I assist further?

Customer: replied 7 days ago.
Does it change anything if he was abusive towards me during my pregnancy

No it does not change anything. Can I assist further?

Customer: replied 7 days ago.
Is there anyway to get back payments or is that not possible

I'm afraid it's not possible to get back payments, but once the claim is set up if he misses any the CMS will chase him for these.

I hope that resolves your query.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you. You can request me personally on a new question thread saving my profile as one of your preferred experts and by tagging me (@PLCLEGAL) at the start of the new thread. Best wishes, Peter.

plclegal and 3 other Family Law Specialists are ready to help you