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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34105
Experience:  25 years experience of all aspects of family law
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My ex partner has stopped paying maintainence what do I do

Customer Question

My ex partner has stopped paying maintainence what do I do please ?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.

Hi

Thank you for your question and for asking for me.

I will do my best to help you but I need some further information first

Is this spouse or child maintenance and is it paid under the terms of a court order?

Clare

Customer: replied 1 year ago.
Child maintainence he was paying 120 a month for his son and we also have a daughter but he didn't turn up to sign birth certificate and now is refusing to pay any money at all
Customer: replied 1 year ago.
No court order
Expert:  Clare replied 1 year ago.

How old are the children?

Customer: replied 1 year ago.
He has my eldest daughter who is 9 but not biological yh is his son is 3 and baby 11 weeks
Customer: replied 1 year ago.
His children are 3 years and 11 weeks but he has my other daughter at weekends who is 9 her dad died 6 years ago
Customer: replied 1 year ago.
He has so far not had the baby at his as I feel she is too young to go
Expert:  Clare replied 1 year ago.

How much does he earn?

Customer: replied 1 year ago.
I have no idea he is a transport manager for truck company in Cornwall he will not tell me how much he is earning I am on income support
Customer: replied 1 year ago.
Does c s a still exist as I have read they do not take new claims and do they take a percentage anyway ??
Customer: replied 1 year ago.
He is being so awkward we have gone behond talking terms
Customer: replied 1 year ago.
Are you there still?
Expert:  Clare replied 1 year ago.

The CSA has been replaced by the CMS - and whilst there is a charge involved it is minimal and he will have to pay the bulk of it

The process is set out here

https://www.gov.uk/child-maintenance/how-to-apply

and you will receive 16% of his gross income - he does not have to pay for your eldest I am afraid - unless you are married in which case you can make a court application for maintenance for her.

Expert:  Clare replied 1 year ago.

I hope that this is of assistance please ask if you need further details

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