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marcusmalin
marcusmalin,
Category: Law
Satisfied Customers: 2630
66642005
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My Son’s Father has never paid any child maintenance due to

Customer Question

Hi, my Son’s Father has never paid any child maintenance due to not working but he has recently come into a lot of money. Is there any way my Son would be entitled to any of this money or would I be for child support?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No, I have only just found out and don’t even know where to start.
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 East Kent
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don’t think so.
Submitted: 8 days ago.
Category: Law
Expert:  marcusmalin replied 8 days ago.

Hello, my name is Marcus.

You have 2 options.

You can either apply to the Child Maintenance Service for child support and they may access based on any income received from the capital he has - although that might not be alot.

Alternatively you can apply under Schedule one of the Children Act for any capital needs such a car for yourself, laptop and or furniture for your son - or any other capital need your son may have.

How old is your son and how much did father receive.

Thank you.

Customer: replied 8 days ago.
I have spoken to Child Maintenance and they have told me I cannot claim anything through him as the money is not classed as income.
My Son is 11. His Father received around £125,000.
Expert:  marcusmalin replied 8 days ago.

Hello,

Technically any interest from the £125k would be income but as I say it would not amount to much in terms of child support.

That therefore leaves a claim for your sons capital needs under the Children Act.

Thank you.

Customer: replied 8 days ago.
Ok, I will look into that thank you.
Expert:  marcusmalin replied 8 days ago.

Hello,

Below is a link for an article.

Ignore reference re child support but it refers to a lump sum for capital needs.

That is where your claim will be.

https://www.oertonsimm.co.uk/family-law/children/financial-provision-for-children/

Thank you.

Marcus

Customer: replied 8 days ago.
Thank you for your advice.
Expert:  marcusmalin replied 8 days ago.

You are most welcome.