Off Setting Child Maintenance

Hi All.

I hope you can help and advise.

I posted in different section a few weeks ago.

In middle of divorce process, have Nisi under cross Petition, now doing ancillary relief(been to UK 4 times in 12 months re same) and CM as the girls and I live outside UK, so courts have to deal with it. Access dealt with here in Ireland (he sees them one night a month total of 28 hours under court order)

He is trying to offset paying CM against his travelling to see them. Is this correct can he? Does not buy birthday/christmas presents, clothes, or nappies since separation 2+ years ago.

His net pay £2900
I'm on state benefits.
Both girls under four...

Any advice/knowledge would be really appreciated.

Thanks in advance:huh:

No he can't.

Get the court to enforce the order if he isn't paying.

Hi WY and Thanks

It was during FDR that this was stated although here he had given a voluntary agreement to pay £100 per week. As of yet no court order, so nothing to enforce unfortunately, do you have any idea where I might be able to get info on this.

Final hearing is the only thing left, have self repped till FDR,

Thanks again

no advise im sorry as I'm in a similar situation with mantenance offsetting. Just wanted to sympathise with you.

In my case, there appears to be little i can do legally and we will just have to tough it out although this probably means we will lose our home eventually.

My heart goes out to you.

Anyone have any ideas???

When considering child maintenance the courts must give regard to the circumstances of both parents. Maintenance is set according to the needs of the children and the ability to pay of the parents. Expenses related to contact are taken into account as an "income need" reducing the ability of the non resident parent to pay. The impact depends on the specific circumstances.

When there is a big discrepancy in incomes and the NRP has the resources to pay traveling expenses it is probable they will be expected to do so. If there isn't a huge discrepancy then both parents may have to share the burden of the costs of contact.

Hope that helps.