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SolicitorRM
SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 5953
Experience:  Director and Principal Solicitor. UK
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X may I ask if my daughter aged 13 now stays half and half

Customer Question

Good morning x may I ask if my daughter aged 13 now stays half and half with her dad should he still pay ? He has never been good at paying and more often than not I have to chase payment ( he won’t set up a direct debit) he used to pay £20 a week but did up it to £100 a month . As I say never been a regular payer t he is now saying as Florence stays with him more often he shouldn’t have to pay . I don’t think this is right but would like to check before speaking with him.
JA: PayPal, Debitcard or credit card are all fine. Where are you? It matters because laws vary by location.
Customer: Uk
JA: What steps have you taken so far?
Customer: none
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: just would like to know my legal rights before trying to sort this out
Submitted: 4 days ago.
Category: Law
Expert:  SolicitorRM replied 4 days ago.

Welcome to Just answer.

Expert:  SolicitorRM replied 4 days ago.

I am a solicitor and It is my pleasure to be assisting you today. I may ask for further information in order to determine a legal position.

Expert:  SolicitorRM replied 4 days ago.

Please note that I can guide you, justanswer does not provide legal representation and as such no legal lawyer/client relationship is formed.

Customer: replied 4 days ago.
Please may I know my legal rights when it comes to child maintenance? As stated above my ex is saying he doesn’t need to pay anything now my daughter stays with him more ?
Expert:  SolicitorRM replied 4 days ago.

Thank you for your patience. If she is resident with you half the time and he has her half the time and whilst with her he takes care of all needs to include clothing, any payments needed for clubs and extra curricular activities, such that you are not incurring any more financial cost towards her than him then he is right. You would be entitled to child maintenance where you are the parent the child resides with and you meet her day to day costs and the child only has some contact but not 50/50 with the other parent.

Expert:  SolicitorRM replied 4 days ago.

Any follow up please do not hesitate to send your message, I am glad to clarify anything for you. Thank you for contacting just answer. All the best.

Customer: replied 4 days ago.
Thank you I am surprised to read this as gov.UK say he should still contribute
Expert:  SolicitorRM replied 4 days ago.

You are welcome. It is rare that two people can share residency, and costs of living and all that a child needs 50/50 but you appear to be saying that is what is now happening. IF all that is happening is she is going there for half the time but you are still catering for her financial needs, for example buying clothes, uniforms etc then you can insist that he continues to pay child maintenance. But if you are sharing everything equally what stops him from claiming child maintenance from you if you think about it.

Customer: replied 4 days ago.
He buys her the odd bit but has never contributed to school lunches, uniform or clubs etc. I also give Florence a £25 allowance per month to help her understand the value of money which he doesn’t contribute to . As I say it is what it is but he has never in the past paid on time or the correct amount so I want it sorted but need to know my rights. Many thanks
Expert:  SolicitorRM replied 4 days ago.

Hi, based on your last message, you are clearly not 50/50 on her living costs and as such submit your claim with the Child Maintenance Service and they will deal with requesting payment from him and they can also back date the payments. IF he does not honour the request for payment from CMS then you have a right to take him to court for enforcement.