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Maintenance application

(12 Posts)
undercoverfrog Tue 16-Nov-10 20:38:42

DP and his ex were not married and have one DC together who is under 5. DP currently has no income, no assets and is not eligible for benefits and as a result the CSA has assessed him as having a nil rate. Despite this he wants to pay some maintenance and has offered to pay the same amount he was paying while on benefits.

His ex is under the impression that he has a stash of cash hidden someone and her solicitors have written and requested details of the sale of his property with a view to pursuing an application for maintenance through the courts. He actually has no money as a result of the sale as he had debts that have taken virtually all the money.

My question is really whether there is any onus or legal obligation on DP to volunteer any information to his ex's solicitors regarding his financial situation at this stage? On receipt of the letter our initial reaction was to write and set out his situation and that he has no money but on further thought I'm wondering whether that is really a good idea and whether he even has to do this?

RealityBomb Tue 16-Nov-10 20:41:11

Message withdrawn at poster's request.

undercoverfrog Tue 16-Nov-10 20:50:00

He's currently unemployed and just moved in with me so isn't entitled to any benefits/legal aid etc anymore. I was trying to be a bit vague in fear of outing me and him in case the ex is on MN. But this is honestly a temporary situation - I have made it quite clear that a job is needed asap which he knows and wants for himself anyway and he has never dodged paying maintenance for his DC.

I'm aware of some of the details relating to your ex and DP is the other end of the spectrum from your ex.

RealityBomb Tue 16-Nov-10 20:54:45

Message withdrawn at poster's request.

undercoverfrog Tue 16-Nov-10 21:02:15

That's ok, with what you've had to deal with in the past I'd be fairly snippy too smile

I presume that as the ex thinks DP is rolling in cash and living it up while she would like a share of this non-existent cash for their DC, she's going to claim that although he has no regular income he does actually have money from the sale of the property and she would need to go through the courts to her hands on it rather than through the CSA.

undercoverfrog Tue 16-Nov-10 21:45:54

Bump

mrspickles Tue 16-Nov-10 21:48:35

The CSA deals with maintenance, she is looking to see if he has any capital that she could get her hands on for him to provide a house for their child, or maybe school fees. I think you have nothing at all to lose by writing back and clearly setting out his position, you may as well not get into bad feeling with the ex. If he genuinely has nothing than he has nothing to hide and hopefully the solicitors will then advise the ex to leave it and she won't start any court proceedings. If he doesn't reply then she's more likely to issue proceedings to try and force this info from him if she really thinks he has money stashed away.

CarGirl Tue 16-Nov-10 21:50:11

I'd send your partner to the CAB to ask for some free legal advice.

undercoverfrog Tue 16-Nov-10 22:02:40

Thanks for the responses. Unfortunately relations are not at all amicable with the ex despite the effort DP has made but it would serve no purpose to do anything unnecessary to actively stir things up further.

The simplest option would be to set out the woeful state of DP's finances and they would be able to see that its pointless going to court. I just have an irrational feeling that it would be like showing her all his cards by doing that.

STIDW Wed 17-Nov-10 01:12:05

mrspickles is spot on. The courts normally have no jurisdiction to impose child maintenance unless it is for a step child, one parent lives abroad or for children over 18 in education. There are circumstances which enable an application for maintenance topping up of a CSA maintenance calculation if the non resident parent's income exceeds the CSA capped amount, to pay school fees or expenses in connection with a child's disability.

However, under Schedule 1 Children Act 1989 when there are sufficient resources the courts has the power to order the provision of a home for children during their dependency.

Unless the courts become involved disclosure is entirely voluntary but if your partner demonstrates he has nothing it would be logical for the other side to drop the matter.

undercoverfrog Wed 17-Nov-10 20:28:24

Thanks STIDW. We'll just bite the bullet, be helpful and let them have the info.

SMummyS Fri 19-Nov-10 14:28:00

At the min I'm covering my DPs maintenance payments to CSA because his exW does exatly what she's done, CSA said he doesn't have to pay anything but if he stops paying she'll cause chaos!!

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