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Ex wants me to cease paying child support

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Frank Apple
Posted by
New Member

23 Aug 17 #495775 by Frank Apple

Topic started by Frank Apple

My ex and I share care of our son (he spends roughly 60% of his time with her and 40% with me). After years of making my payments through CSA, we then agreed a family-based arrangement and, as with CSA, I have continued to make these payments on time and in full without fail. Out of the blue, she has now suggested that I stop paying as she doesn't need the money (her partner is very wealthy). No strings attached, she says.

I spend all of my spare money on our son already and my costs for our son are broadly comparable to hers (clothes, trips, food, entertainment etc). The one significant difference is she pays his school fees (I wanted him to remain in a state school, she wanted private - I was always very clear that I cannot afford private school fees).

Much as I would like to save the monthly payments - it would allow me to take my son on holiday, for example - should I have concerns about terminating this arrangement? Does it have the capacity to impact on my parental rights, for example? Could it be used against me in any way? Any advice/opinions welcomed. Thanks.

WYSPECIAL
Moderator

23 Aug 17 #495787 by WYSPECIAL

Reply from WYSPECIAL

Thought I had read the title of the thread wrong at first as it's not something you often see.

Presumably your CSA case was closed and this was confirmed?

If what you have now is a private arrangement then there is no need to inform anyone that you have agreed to end it.

Don't worry no one has parental rights, only parental responsibilities!

If you agree to end the private agreement then either of you can go to the CMS in the future for an assessment but it will be from the date you apply not back dated to when you stopped the private arrangement.

Enjoy the holiday with your son that you will now be able to afford.

Child Maintenance Options
Moderator

23 Aug 17 #495788 by Child Maintenance Options

Reply from Child Maintenance Options

Hello Frank Apple

Family-based arrangements are not legally binding, therefore, there are no set rules to follow. It is entirely down to you and your ex to decide the content of your arrangement and whether your maintenance payments stop.

If an application is made to the child maintenance Service (the Government’s new statutory maintenance service) at a later date, your responsibility to start making payments will start from around the point they contact you, or from when you contact them. Payments would not be backdated.

With regards to your parental rights and whether not paying child maintenance could go against you, you may wish to seek legal advice.

For a more personalised response, you may wish to contact Child Maintenance Options directly at www.cmoptions.org.

The Department for Work and Pensions (DWP) have a website, 'Sorting out Separation'. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is www.sortingoutseparation.org.uk/.

Regards

William

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Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Shezi, Linda Sheridan, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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