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Lump sum payment for child support.
- House sitter
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24 Nov 14 #450021 by House sitter
Topic started by House sitter
My partner has just returned to the UK with our son. She I refusing to talk about a financial settlement but in the first few drafts she insists that I pay ca £30,000 as a lump sum until our son is 18 (currently 14) Is she within her rights to do this?
As she is holding all the monies in her various accounts, I feel quite powerless.
As she is holding all the monies in her various accounts, I feel quite powerless.
- rubytuesday
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24 Nov 14 #450023 by rubytuesday
Reply from rubytuesday
As far as I am aware, it is not possible to capitalise child maintenance.
If you did pay this lump sum, there is nothing to prevent her approaching the CMS and making a claim for CM from you via them if you too are in the UK, or making a REMO application.
If you did pay this lump sum, there is nothing to prevent her approaching the CMS and making a claim for CM from you via them if you too are in the UK, or making a REMO application.
- House sitter
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24 Nov 14 #450024 by House sitter
Reply from House sitter
I have not paid anything, she is simply trying to deduct it from the monies held in her accounts. Therefore reducing my cash settlement before moving on to the properties. Currently in Bulgaria,have no problem paying CM but she will not agree to a monthly payment.
- naziam
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24 Nov 14 #450027 by naziam
Reply from naziam
Child maintenance is not handled by the court in the UK it''s handled by the CSA. There are plenty of people who have been caught out by this, they agree as you say some lump sum and then some short time later they get a call from the CSA asking for payment, the CSA then don''t recognise the lump sum and they end up double paying. There''s no way you should agree to this either now or in court as it''s a con.
If I was you I would call the CSA myself and ask to setup a case and do an assessment of you as then there is a live CSA case you can refer to if you end up in court. It''s going to need to be paid so you may as well get it going in some structured way.
If I was you I would call the CSA myself and ask to setup a case and do an assessment of you as then there is a live CSA case you can refer to if you end up in court. It''s going to need to be paid so you may as well get it going in some structured way.
- Fiona
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24 Nov 14 #450028 by Fiona
Reply from Fiona
Do you live in the UK or work abroad for the government or for a company based in the UK? If not the CSA/Child Maintenance Service cannot process an application. The law is designed so that either the CMS or the courts can handle child maintenance.
When the CMS can''t process an application the courts have powers to make orders for regular child maintenance and lump sum payments to meet the capital needs of a child eg if someone wasn''t married they may be able to claim capital is made available to provide housing for a child until the child reaches 18 or finishes a first degree at university. The capital/property would be held in trust until that time and then revert back. So you need to be clear exactly what your partner is proposing.
When the CMS can''t process an application the courts have powers to make orders for regular child maintenance and lump sum payments to meet the capital needs of a child eg if someone wasn''t married they may be able to claim capital is made available to provide housing for a child until the child reaches 18 or finishes a first degree at university. The capital/property would be held in trust until that time and then revert back. So you need to be clear exactly what your partner is proposing.
- Child Maintenance Options
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28 Nov 14 #450313 by Child Maintenance Options
Reply from Child Maintenance Options
Hello House sitter
If there is a family-based arrangement in place this may be something that you can discuss and negotiate between you both. Family-based arrangements are not legally enforceable, therefore, parents can decide the terms of their agreement to suit their circumstances. If you were to pay a lump sum to your son’s mother, she still may be able to claim child maintenance, for clarification you may wish to seek legal advice.
The Child Maintenance Service can only deal with an application for child maintenance when both parents and the child live in the UK. However, there are exceptions to this when any of the following points apply to the paying parent (referred to in legislation as the non-resident parent):
- Is working abroad in the service of the crown. (for example, is a Civil Servant, works within Her Majesty''s Diplomatic Service or is a member of the Armed Forces).
- Works abroad for a UK based company (for example the company employs people to work outside the UK but makes payments via a UK payroll. The company also needs to be registered under the Companies Act 1985 (England, Wales and Scotland) or the Companies (Northern Ireland) Order 1986.)
- Works abroad on a secondment for a prescribed body (for example, works for an NHS trust, regional health authority, primary care trust or local authority).
If you do not fit into the above criteria for the Child Maintenance Service to take an application for you and you cannot come to a family-based arrangement, you may wish to apply to the Reciprocal Enforcement of Maintenance Orders (REMO).
This is an agreement set up via the British Government with other countries, to enable citizens to receive maintenance if a parent lives abroad. You can find a full list of participating countries at www.justice.gov.uk/downloads/protecting-...mo-location-list.pdf
REMO Unit helps to register and enforce child maintenance orders internationally. You can find out more at www.gov.uk/remo-unit-helpline
For more information on the different ways to set up child maintenance, you can visit the Child Maintenance Options website at www.cmoptions.org
The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.wikivorce.com/divorce/Sorting-Out-Separation.html
Regards
William
If there is a family-based arrangement in place this may be something that you can discuss and negotiate between you both. Family-based arrangements are not legally enforceable, therefore, parents can decide the terms of their agreement to suit their circumstances. If you were to pay a lump sum to your son’s mother, she still may be able to claim child maintenance, for clarification you may wish to seek legal advice.
The Child Maintenance Service can only deal with an application for child maintenance when both parents and the child live in the UK. However, there are exceptions to this when any of the following points apply to the paying parent (referred to in legislation as the non-resident parent):
- Is working abroad in the service of the crown. (for example, is a Civil Servant, works within Her Majesty''s Diplomatic Service or is a member of the Armed Forces).
- Works abroad for a UK based company (for example the company employs people to work outside the UK but makes payments via a UK payroll. The company also needs to be registered under the Companies Act 1985 (England, Wales and Scotland) or the Companies (Northern Ireland) Order 1986.)
- Works abroad on a secondment for a prescribed body (for example, works for an NHS trust, regional health authority, primary care trust or local authority).
If you do not fit into the above criteria for the Child Maintenance Service to take an application for you and you cannot come to a family-based arrangement, you may wish to apply to the Reciprocal Enforcement of Maintenance Orders (REMO).
This is an agreement set up via the British Government with other countries, to enable citizens to receive maintenance if a parent lives abroad. You can find a full list of participating countries at www.justice.gov.uk/downloads/protecting-...mo-location-list.pdf
REMO Unit helps to register and enforce child maintenance orders internationally. You can find out more at www.gov.uk/remo-unit-helpline
For more information on the different ways to set up child maintenance, you can visit the Child Maintenance Options website at www.cmoptions.org
The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.wikivorce.com/divorce/Sorting-Out-Separation.html
Regards
William
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