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Kasare
Kasare, Solicitor
Category: Law
Satisfied Customers: 1340
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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My sons father is a professional footballer and he is

Customer Question

Hello. My sons father is a professional footballer and he is currently withholding child support payments.
JA: What steps have been taken? Have any papers been filed in family court?
Customer: No. Currently under a direct pay arrangement with Child Maintenance
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does he live in?
Customer: Greater London
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Can my son's fathers behaviour be categorised as financial abuse?
Submitted: 14 days ago.
Category: Law
Expert:  Kasare replied 14 days ago.

Hi, good afternoon, thank you for your question, I will assist you with this matter. My name is ***** ***** I am a solicitor of England and Wales of more than 15 years experience.

Can I ask, are you aware if there is a reason that he is withholding payment? Has there been any communication about this?

Customer: replied 14 days ago.
Hello, yes he said that he is withholding payment because he doesn't know where our son and I are and that if I tell him he will pay it. Plus he stops every now and then to get a reaction out of me, if he hasn't had contact for long periods of time.
Customer: replied 14 days ago.
I currently don't want to pay for the call but if we have any interesting developments through chat, I will be happy to pay
Expert:  Kasare replied 14 days ago.

Hi, dont worry about the call request, that is an automated response - I think we will be able to resolve this on the chat.

Contact and maintenance are completely separate issues and whilst he may be withholding this as a form of "punishment" as such for not having contact with his child (or knowing your whereabouts) that is something that he needs to deal with separately - if he hasn't already tried.

If he has made an agreement to pay, then he must pay. If the agreement to pay was made under the Child Maintenance scheme you should contact them directly and they can take action against him. There are a number of things that they can do directly to force him to make the payment.

In terms of the behaviour being categorised as financial abuse - yes, it is. There is currently a Domestic Abuse Bill going through parliament creating a statutory definition of domestic abuse, which is to emphasise that domestic abuse is not just physical violence, but can also be emotional, coercive or controlling, and economic abuse. It is not yet been ratified as law, but it could be useful to refer to if legal proceedings ultimately were needed.

I hope this assists. If you have any other questions, please let me know.

Customer: replied 14 days ago.
I have been going crazy with the CMS. My Son's father also makes minimal payments, amount calculated by CMS, of less than £10 a day. He has somehow managed to deceive them regarding his income.
Customer: replied 14 days ago.
Tell me how much this will cost to fix it please
Expert:  Kasare replied 14 days ago.

Hi, if you feel that you are getting nowhere with CMS and you have exhausted all your options with them and clearly you cannot reach an agreement amicably, then applying directly to the court might be the only option. However, it’s expensive and there’s no guarantee you’ll get the outcome you want. If you were to do this, I would strongly recommend that you instruct a solicitor. The cost varies but you may be eligible to legal aid, depending on your financial situation.

If you have a look online at the Law Society Find a Solicitor directory https://solicitors.lawsociety.org.uk/ you will be able to search for a firm close to you specialising in child and family law matters.

Customer: replied 14 days ago.
Thank you for your time and advice
Expert:  Kasare replied 14 days ago.

You are welcome. If you do go forward with legal proceedings, I would suggest that you try and find as much information to support your allegations that he is earning more than he is declaring - the court can order financial disclosure, but for example information about his lifestyle etc would be useful for the solicitor.