Child maintenance
3 answers /
Last post: 06/01/2023 at 2:52 pm
My ex has moved nearly 4 hours away from us by and is saying he is going to deduct mileage from my child maintenance, this will wipe out over half what he gives me. Can he do this if he made the move by choice? Previously he lived 7 miles away? Any idea's if he can or where i can get clarification? He sees our son every 2 weeks so its a lot of miles. He said he was going to do this following an argument when he was not going to being my son back for New Year after Christmas with him 😔
Hi Sian
I'm a family lawyer and hopefully I can help.
It sounds as if you must have a child maintenance arrangement where your ex pays you direct. It is not clear whether this is an agreed sum between you or if you have used the Child Maintenance Calculator. It might be helpful to look at the calculator, which is online here https://www.gov.uk/calculate-child-maintenance and see what he should be paying. He cannot reduce this figure as it is payable for the benefit of the child. If he does try to reduce the figure, the child maintenance service can collect the money and then pay it to you although there can be a deducted fee for this service.
If the figure is more than the child maintenance calculation, it will be difficult to insist he continues to pay more than he has to do but you could think about going to mediation to discuss this and the travel arrangements for his time with your child to try and reach an agreement.
I hope that helps and wish you the very best.
Emma
GoodLaw Solicitors LLP are a proud Partner of Netmums. The information provided does not constitute legal advice but is legal information based on the details provided only. GoodLaw Solicitors offer free initial consultations in qualifying circumstances and would recommend you seek independent legal advice if you are in any doubt as to your position or best way forward.
Hi Sian
I'm a family lawyer and hopefully I can help.
It sounds as if you must have a child maintenance arrangement where your ex pays you direct. It is not clear whether this is an agreed sum between you or if you have used the Child Maintenance Calculator. It might be helpful to look at the calculator, which is online here https://www.gov.uk/calculate-child-maintenance and see what he should be paying. He cannot reduce this figure as it is payable for the benefit of the child. If he does try to reduce the figure, the child maintenance service can collect the money and then pay it to you although there can be a deducted fee for this service.
If the figure is more than the child maintenance calculation, it will be difficult to insist he continues to pay more than he has to do but you could think about going to mediation to discuss this and the travel arrangements for his time with your child to try and reach an agreement.
I hope that helps and wish you the very best.
Emma
GoodLaw Solicitors LLP are a proud Partner of Netmums. The information provided does not constitute legal advice but is legal information based on the details provided only. GoodLaw Solicitors offer free initial consultations in qualifying circumstances and would recommend you seek independent legal advice if you are in any doubt as to your position or best way forward.
Hi, thank you so much for your advise. Previously we had no formal agreement in place for child maintenance but i have since been in touch with The CMS and put a request in for them to calculate the amount.
Many thanks again.