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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am a father who has full custody of my son, my ex partner

Customer Question

I am a father who has full custody of my son, my ex partner has remarried and is expecting their child - she is now on maternity leave. I have received a letter from the CSA stating that as my ex partner is claiming a state benefit she no longer has to pay child maintenance- I have subsequently spoken to the CSA who due to data protection can not tell me what benefit she is claiming but only said that it is a loop hole and suggest that I contact the benefits fraud department,
Background on my ex partner:
Partner within an accountancy firm
Drives a £65k BMW
Leaves in a £900k house
Receives )1209 per month rental income on a 2nd home - which she does not declare to the tax man
Takes approx 6 holidays abroad each year
I would greatly appreciate some legal advice
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. If she is in receipt of certain state benefits she would have to only pay the minimum amount of child maintenance, which is £5 per week and the CSA/CMS's hands will be tied unless you can provide them evidence that her true taxable income is higher than they have assessed. However, you state that she is on maternity leave, and if this is the case, she will likely be on Statutory Maternity Pay, which is a minimal amount of income and therefore her current child maintenance liability will likely be low in any event.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.