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Legal matters

Does maintenance hold weight with the courts?

8 replies

CourtandMoney · 22/05/2016 22:29

I'm going through the court process for the second time with my ex-h. He wants access to the DC who don't want to see him (3 DC, tween ages).

He hasn't paid maintenance for years but I'very suddenly had 3 payments. We're due back in court in July. It's a complicated case so it's before a judge.

Is the fact he's now paying maintenance going to sway things massively in his favour? I'm worried.

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CourtandMoney · 22/05/2016 22:30

I've suddenly had...

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Fourormore · 22/05/2016 22:32

No.
Contact is dealt with separately from money. In some cases, if a parent was refusing to pay, that could be used as a sign of his lack of commitment to the child but bringing up money when deciding contact is generally discouraged.

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CourtandMoney · 22/05/2016 22:37

Ah, good. In all my dealings with the court I've never raised the fact he's not paid maintenance. I think he thinks I have and he's hoping to curry favour with the judge by starting to pay.

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mandi73 · 23/05/2016 16:07

I know of someone who's sudden payment of maintenance after a 4yr break went against him, he brought up how he paid maintenance/was a great dad but the judge wasn't impressed with how he'd only become a great dad who paid maintenance at the same time as he started court proceedings.

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CourtandMoney · 23/05/2016 22:07

Thanks mandi. I hope that's the view the court take. I know he hasn't suddenly had a change of heart and is paying because he should. He's paying because he thinks it will look good.

Idiot. Angry

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SlapACatFuckADuck · 24/05/2016 14:10

Depends on the judge. My DS's bio father only paid CM when I took him to court, before this he refused as he wanted to pay what his friends paid for their kids. In every hearing he used the fact he paid CM as a look at how wonderful I am and despite me saying you only pay CM because I had to go to the CSA (at the time now CMO) and you didn't pay for 6 months it didn't matter because he was now showing 'commitment'. he still pays CM through the CSA but hasn't been anywhere near DS since he wasn't given a court order. That was due to DS's emotional state and him refusing to pay the contact centre.

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CourtandMoney · 24/05/2016 21:36

Ugh! What idiots men are. Well I guess there's no definitive answer. I just hope the children get their wish not to be forced to see him. Fingers crossed.

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SlapACatFuckADuck · 25/05/2016 00:15

I'd like to say they should depending on age. Ds at the time was just over 1 because he cried, was sick, didn't sleep Ect they said it wasn't in his best interest to see him as it was emotionally damaging

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