is this allowed?

hi there, my ex husband does not want to maintain his daughter as she is refusing to stay with him, we had a very difficult divorce and i was a victim of dv, which many times was witnessed by her in the marital home, where she is expected to sleep. shes 13 and although ive sort of tried to encourage her she still refuses and as a result he doesnt see whynhe should pay for her and puts 3k a month in his pension to avoid paying, this is a recent change he was giving me 62 week despite being on 70k salary. does anyone know the likely outcome if i appeal???

Your daughter is old enough to know her own mind and shouldn't be forced to see her father if she doesn't want to.

child maintenance is not linked to contact, your ex is still legally obliged to pay towards her upkeep.

Hi Doodles,

The law is quite clear. He must pay Child Maintenance and if he refuses then I guess you must recourse to the CSA.

Good luck

Steve

the csa are aware of what he is doing but seem to think he can put as much into his pension as he likes ans it cannot be counted as take home pay or salary?? does anyone know if this is write as im sure many more bitter ex partners would try this one????

Im afraid he can put it into his pension

but the fact he thinks his daughter is like setanta sports pay per vies is disturbing enough.

I only hope you can get what you can and hopefully he will see the light.

i wish things like this did not happen and i want to change the world but if your daughter doesnt want to go maybe he should seek some sort of situation where he can look at your daughters views .

my advice is get what you can financially as you will have a big enough fight with this man if he so wishes to do so.

politly he is nothing more than a selfish dik

love seany

Hi Doodles,

All absent parents have a legal obligation to provide for their child till the age of 16 or till the child leaves full time education!

Thought you would like to read this.....as of this week the law regarding absent fathers has changed!

Here is a report from the daily mail dated 25th January 09

Child support dodgers to lose passports and driving licences under 'draconian' new plans.

Absent fathers who fail to pay towards their children's upbringing could have their passports and driving licences summarily seized by bureaucrats.
Child maintenance officials will be able to stop 'deadbeat dads' from going on holidays and business trips abroad or using their cars.
It represents the first time civil servants and Government agencies will be able to bypass the normal legal process in this way.
At present, the Child Maintenance and Enforcement Commission must apply to the courts to have a negligent father's driving licence or passport cancelled.
But under legislation being unveiled by Work and Pensions Secretary James Purnell tomorrow, civil servants will be able to sign the orders themselves.
Critics - already alarmed by a series of Big Brother measures from the Government - were angered last night by the introduction of the so-called 'administrative-justice plans'.
Millions of pounds in maintenance was collected after similar schemes were imposed in the U.S. and Australia.
Mr Purnell will justify the move as essential to deal with parents who refuse to fulfil their financial responsibilities to their children.
He said: 'We are supporting parents in these tough times, but for those who choose not to support their own kids, we will not stand by and do nothing.
'If a parent refuses to pay up, we will stop them travelling abroad or even using their car.
'We want fair rules for everybody. That means giving people the support they need, but in return expecting them to live up to their responsibilities.'
Defaulters would simply receive notification from the CMEC that they could no longer drive or go abroad.
A source at the Department for Work and Pensions said: 'Some go to great lengths to avoid paying. We will use all the enforcement tools possible to make them pay what they owe.'
The commission says the sanction will only be used as a 'last resort'.
But LibDem work and pensions spokesman Steve Webb said: 'In court, a judge decides whether something is justified, looks at the evidence and allows all sides to have their say.
'New Labour has never liked having its actions challenged by the courts or anyone else. But what happens when an official gets it wrong?'
In December 2007, the Lords' constitution committee warned that giving state officials the power to cancel passports would be a 'serious' curtailment of long-standing freedoms.
It added: 'Travel to and from one's country is a right of great significance and should only be curtailed after a rigorous decision process.'
The CMEC last year replaced the failed Child Support Agency, which was abolished after letting child maintenance arrears build up to £3.5billion.

x

Sadly this has all be said before the CSA have always had these powers but would'nt use them as it was argued take the licence NRP can't travel to work and earn a livihood.They have also always had the pwoer for imprisionment CMEC stating we would only use this as the last resort is exactly word for word they have always used.Reports show CMEC in dec 08 collected an all time low of arreas just 34%, again the NRP who is hiding behind a benefit but owes large arrears is protected.