Can I Take My Ex To Court For Child Maintenance? - Fixanswer

All in all,

child maintenance can be backdated for a long period

, but there’s no definitive answer as to how long. Essentially, it depends on the individual case and circumstances, and it might mean going to court to resolve the situation.

What can I do if my ex doesn’t pay maintenance?

File a Motion With the Court

If your spouse refuses to pay for no legitimate reason, you have to return to court for help. Hire an alimony attorney or file a claim on your own with the appropriate legal paperwork.

What is the law on child maintenance UK?

Paying child maintenance is a legal responsibility, although one separate from parental responsibility. Child maintenance must be paid for any child:

under the age of 16

.

under the age of 20 if in full-time non-advanced education (e.g. A-levels or equivalent)

Do I still pay child maintenance if my ex remarries?

The answer is no.

When parents divorce, the absent parent (“paying parent”) is obliged by law to pay child maintenance to the parent caring for the child (“receiving parent”)

.

Do you pay child maintenance if your ex is cohabiting?

When someone remarries, maintenance payments cease, but

in cohabitation the rules are different

. Current law therefore requires a review of all the circumstances, but not an automatic cut-off of maintenance payments simply because a couple is living together.

What happens if my ex refuses to pay child support?

Under a child maintenance arrangement, child maintenance is usually paid by the parent who does not have day-to-day care of the child or does not usually live with the child. If this payment is not forthcoming,

the receiving parent could launch a civil legal claim

.

What happens if my husband does not pay maintenance?

In cases where husband fails to pay maintenance,

one may file execution proceedings

. When there is no adherence to that, there could be non bailable warrant issued in name of husband. His property could be attached, in order to recover the amount, as and when issued by court.

How does child support work if the mother has no job?

If the mother who isn’t working is the non-custodial parent, the same general rule applies —

if the courts determine that income and assets of the mother are sufficient to meet the increase request, and the increase would benefit the child, they may approve the change in support.

Can a father refuse to pay child support?

Often, parents can come to a consensual arrangement about maintenance or may choose to have their arrangements made into a court order as part of their divorce.

There are times, however, when your child’s father may fail to pay Family Support

and you need to take action to recover the money owing.

Do you legally have to pay child maintenance?

Arranging child maintenance

When possible, you should make sure your child is looked after by having an effective maintenance arrangement in place.

Both parents are legally responsible for the financial costs of bringing up their children

, even parents who don’t live with their children.

Can I refuse to pay child maintenance UK?

If you’re the paying parent and miss a child maintenance payment or don’t pay the full amount,

Child Maintenance Service (CMS) can take enforcement action against you

. You might need to pay for any action CMS takes.

What are the rules for paying child maintenance?

one child, you’ll pay 12% of your gross weekly income.
two children, you’ll pay 16% of your gross weekly income.
three or more children, you’ll pay 19% of your gross weekly income.

What should a father pay for child support?

Assuming you’re on the basic rate, you’ll need to pay:

12% of your gross weekly income for one child

. 16% of your gross weekly income for two children. 19% of your gross weekly income for three or more children.

Does marriage affect child maintenance?

Whether or not you have remarried, or your ex-partner has remarried,

does not affect the obligation to continue paying child maintenance

.

Can I go after my ex husband’s new wife for child support UK?

There are no grounds for reducing child maintenance on the basis that your ex-wife is living with a new partner

. Your obligation to pay child maintenance continues regardless of your ex-wife’s circumstances.

Do I have to pay child maintenance if I’m not on the birth certificate?

If an unwed father is not listed on the birth certificate, he has no legal rights to the child. This includes

no obligation to paying child support

and no rights to visitation to custody or child support. If no father is listed on the birth certificate, the mother has sole legal rights and responsibility of the child.

Does child maintenance change if you move in with someone?

If you’re receiving child maintenance from your child’s other parent,

there don’t need to be any changes to your arrangement, unless your children are going to be spending a different amount of time with their other parent

.

Do I have to pay child maintenance if it’s 50/50 Custody UK?

If you have shared care for at least 52 nights a year, you don’t need to pay any child maintenance

.

Can you go to jail for not paying maintenance?

According to the Act, parents who do not pay child maintenance can be blacklisted at credit bureaus;

face jail time for a period not longer than three years

; face imprisonment with the option of paying a fine; have interest added to their arrears; and even have their property or salary attached.

How can I avoid paying maintenance for my wife?

you can file petition for restitution of conjugal rights but you cannot force your wife to stay with you . …
if order of maintenance is passed against you and you are aggrieved you can go in appeal against the said order before sessions court . …
even if you take personal loans your maintenance wont be reduced .

Is it compulsory to pay maintenance to wife?

The Court said 25% is a “just and proper” amount for alimony as husband might have to take care of the needs of his family, if he has remarried. The section 125 states the wife asking for maintenance can be of any age—minor or major.

It is mandatory for her to be a legally married woman

.