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Is my husband liable to pay maintenance for my 11 year old…

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Is my husband liable to...
Is my husband liable to pay maintenance for my 11 year old son. He is not his biological father but was in his life for 7 yrs
Submitted: 8 years ago.Category: UK Law
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Answered in 1 hour by:
6/10/2010
Solicitor: John Knox, Solicitor replied 8 years ago
John Knox
John Knox, Solicitor
Category: UK Law
Satisfied Customers: 1,155
Experience: Solicitor and Advocate
Verified

Hi

 

No, I am afraid not. However, if you are going to divorce, it may be that you could achieve a settlement on divorce which will help provide for your son. Alternatively, you could agree some terms of separation now, including how to provide for your boy.

 

Hope this helps.

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Solicitor: Clare, Solicitor replied 8 years ago
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 35,303
Experience: family solictor with 25 years experience
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hi


yes he may well have to pay maintenance but the application will have to be dealt with via the family court rather than the csa


if his biological father is already paying maintenance then it is less likely that you will be successful


claire

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Customer reply replied 8 years ago

Thank you Duncan and claire but your answers are conflicting and therefore confusing.

 

Duncan has advised that I may be able to aquire some funds during divorce settlement, but claire is stating that I may be able to pursue funds through the Family Court system.

 

My sons biological father pays nothing for him and has not done so in the time that I have been married. Is it better for me to submit his details to CSA? How would I go about this, as I have very limited info on his whereabouts.

 

Thank you

Solicitor: John Knox, Solicitor replied 8 years ago

Hi

 

Just to clarify, the CSA could not force your husband to pay maintenance but you could apply to the Court for maintenance.

 

In terms of securing maintenance from your son's father, you could provide the CSA with his full name, last known address and telephone numbers and details of his last known employer and see if the CSA can track him down.

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Solicitor: Clare, Solicitor replied 8 years ago

hi

your current husband will have to pay maintenance for the child but the csa cannot deal with the application as he is not the biological father

however as part of the financial claims ancillary to the divorce you can claim child maintenance as well as a capital settlement

this would be a more sensible way forward for you

claire

Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 35,303
Experience: family solictor with 25 years experience
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