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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33311
Experience:  25 years experience of all aspects of family law
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My estranged husband doesn't want to pay maintenance

Customer Question

My estranged husband doesn't want to pay maintenance for my daughter who he has parental responsibility for. He's brought her up since she was late 3, and she's almost 10. He has supported her financially and emotionally constantly and he is 'dad'. She didn't see her bilogical father for 6 years, and he never paid any child support. She has had contact with him for 5 hours a month for the past year. Is there any way and chance I can get maintenance from my husband without filing the divorce and form E myself? I'm keen to keep costs down. We have another daughter together who he's forcing me to go trough the CSA or have an order for.
Submitted: 9 months ago.
Category: UK Family Law
Expert:  Clare replied 9 months ago.

Hi

Thank you for your question

My name is ***** ***** I shall do my best to help you

I am afraid that your only option is via the Financial side of Divorce proceedings - there is no other way of getting your husband to pay for your daughter.

Please ask if you need further details

Clare

Customer: replied 9 months ago.
Thank you Clare.
My husband has now filed d8 and I have been served with it. He's outright lied on the grounds for divorce making claims I've taken out credit cards in his name without his knowledge. He's also ticked the box asking for a 'lump sum' from me. There doesn't seem to be form E here. Can I apply for that to be heard for maintenance of myself and our daughter? Will his lies have any barring on the case? I'm assuming he's saying this to make me look like a gold digger who just wants money from him. If I intent to defend the case, is there any point? Should I answer that I don't intent to defend but that I don't agree with his statement and file my own? Thank you.
Expert:  Clare replied 9 months ago.

Hi

Deep breaths a Divorce Petition is often inventive.

Is that the only allegation regarding money?

Customer: replied 9 months ago.
Haha. Deep breaths is great advice today. I've attached the allegations. Thank you
Expert:  Clare replied 9 months ago.

Ok

Do you wish to remain married or are you happy to be rid?

Has he claimed costs at all (look at last page)

Customer: replied 9 months ago.
Thanks Clare.. Happy to be rid. There doesn't seem a mention of costs... Just a lump sum he's requesting. I've attached the back page. Thank you
Expert:  Clare replied 9 months ago.

Ok

So you want rid and he hasn't claimed costs so you can be rid for free

No one except the court actually sees the allegations - and they don't care (if you understand me)

What you say at the relevant question about whether you wish to defend is

"I do not accept the allegations but I do not intend to defend the petition"

That is it over and done.

With regard to the finances his ticking the boxes simply makes it easier to deal with the finances in the future.

This is a separate applictaion started by either one of you

Customer: replied 9 months ago.
Excellent. So I can now file form E to apply for our daughters maintenance and potential spousal support? He's told me he refuses to pay for our bilogical daughter unless I take him to the CSA. This is because I know he's minimising his earnings by declaring more expenses on a rental property and giving up one of his jobs to work for someone who'll pay 'cash in hand'. The court will have to deal with the maintenance of our other daughter (his non biological child - whom he's supported for 6 out of her 9 years of life - and now he refuses to pay) so can I swerve the CSA and ask the court to make a joint maintenance order? You're very helpful thank you.
Expert:  Clare replied 9 months ago.

Hi

No you need to file a Form A and start the application - and pay the fee of £245.

I am afraid that the court cannot make any form of maintenance order for the biological child.

Clare

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