How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask marcusmalin Your Own Question
marcusmalin
marcusmalin,
Category: Law
Satisfied Customers: 2727
66642005
Type Your Law Question Here...
marcusmalin is online now

If you are spending money directly on your children; paying

This answer was rated:

If you are spending money directly on your children; paying directly into account; teaching them online; attending their parents evevings online; buying them laptops, ipads, uniforms, and sending cash for food and for school lunch. Because you cannot agree with their mum; you cannot speak/discuss anything with her.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Child maintenance is disregarding these and saying I must pay child maintenance and I said no
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: please read my query very well. your answers don't match my query
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: let's start with these and then as we discuss the lawyer would understand better

Hello, my name is Marcus.

Can I ask where do you and the children live.

Thank you.

Customer: replied 2 months ago.
Crawley, West Sussex
Customer: replied 2 months ago.
Currently, I am outside the UK, so telephone is difficult or not possible

No need for a call - the request was automated.

Do you live overseas or work for a British company overseas.

Thank you.

Customer: replied 2 months ago.
Currently live/work overseas but not for British company

OK.

That being the case you cannot be assessed by the Child Maintenance Service as you are out of their jurisdiction.

The mother could seek an order from a court in the UK for child support but if you are in Saudi Arabia - as I believe you are - it would not be enforceable.

If you were within the jurisdiction of the CMS then they would be right in that you cannot discharge a liability for child support by paying it directly to the child, it must be paid to the mother. So anything you paid directly would be considered a voluntary additional payment.

That said though you are not under the jurisdiction of the CMS so you can do what you believe is best - on a voluntary basis.

Thank you.

Marcus

Customer: replied 2 months ago.
Ok; you advice is indeed helpful as well as educative. Just to inform you further, the issue of child maintenance in my case came on the basis that i was not living with my children but was taking care of them. My ex-wife brought a relative to our Council accommodation and we got evicted in 2016. Council charged me to pay 15000 of which I was able to pay 9000 before moving out of UK in 2019. My ex was given accommodation by SHELTER but SHELTER excluded me from the housing and that forced me to rent outside. And whilst renting outside, I was not asked to pay child maintenance. Then in 2018, when we got divorced, she applied for child maintenance on the basis that I do not live with the children. I told her and child maintenance that but already I was living outside since 2016 and why no child maintenance was applied. I said the situation hasn't changed and I am seeing my kids. So the idea of CMS cannot apply; especially when I am taking care of my kids. Where is the justification? And how about my own welfare in this? So, I am refusing to accept this. In addition, Social Services categorized my kids as NEGLECTED but they never took them into care; and by this also the law is misapplied. So, to me the government agencies (child maintenance and social services) are either not competent and/or don't understand this case and the law. So as British citizen, I am standing against this (1) misapplication f the law; and (2) an abuse of my rights

Sorry I fully understand with whom are the children living and where....

Customer: replied 2 months ago.
They are living with their mum; but I invite your attention to the detailed message I sent earlier regarding further information.

What confused me is that you said :

So the idea of CMS cannot apply; especially when I am taking care of my kids.

That is why I asked for clarification.

So if the children are living with mother you are liable to pay child support directly to the mother.

As I say though you are protected by virtue of where you presently lived.

If you were concerned as regards ***** ***** being neglected you could return to the UK as seek an Child Arrangement Order for the children to live with you.

The test applied by Social Services is very low and the care provided only needs to be good enough.

If you have any specific questions please do ask.

Thank you.

Marcus

Customer: replied 2 months ago.
Thank you very much, your advice is well noted. For the case of social services, I know that their test is very low. But the case of the children living with their versus me living outside is still contested by me. The situation has never changed between 2016 and now. 2016 we lost our accommodation and SHELTER accommodated the children and their mum and excluded me. So, the law must consider this circumstance that pushed me and separated me from my children. But after enduring the pain of being forced by government agencies to stay outside and then same government agencies to come back and support child maintenance against me is something I am not prepared to accept. Who separated me from my children? Answer is: SHELTER, Social Services, My ex, and Crawley Council. So, the merit of my case is not considered enough.

Hello,

I fully understand now. So does mother still want to be in a relationship with you or were threats madd that if she remained with you they could remove the children.

I understand the point you are making but sadly child support is very black and white. They do not look at the circumstances you are either separated or not and if separated then there is a liability to pay child support.

The is absolutely no discretion as to the circumstances.

Thank you.

Marcus.

Customer: replied 2 months ago.
Thanks! The mother is married already. But there are no threats from either my side or her side. We are both ok with the kids and none of us is a threat. In fact threat isn't an issue in this case. The issue in this case is; me not living with the kids and that is out of my control. They (SHELTER, Crawley Council, and Social Services) secured accommodation for the kids and the mother and left me out. And now they want to charge for child maintenance because I don't live with the kids? That is unbritish! They cannot do that. If I deliberately abandoned them and went out and turn my back on them then they can be justified but instead they (Social Services, SHELTER, Council and my ex) forced me out and excluded me from the accommodation with the kids. So, the law as black and white as it is, cannot ignore my welfare.

Very sadly they can do that. As I say they do not look at the circumstances but will just consider you to be the absent parent and therefore liable to pay child support.

marcusmalin and other Law Specialists are ready to help you
Customer: replied 2 months ago.
Indeed! I think the word ''absence'' is wrongly defined in my case. But; anyway, I have taken much of your time and your responses have been indeed helpful. So, once again, thank you so much for taking your valuable time to answer my queries.