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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

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Original poster

visitation rights and maintenance payments

7 replies

nelly1975 · 27/09/2018 13:21

just wondering if there is a minimum amount of maintenance a father must pay before he can legally see his child. at the moment my ex pays £10 a week but doesn't see our child. i am afraid to ask him for more incase he demands visitation rights.

thanks,
nelly

OP posts:

Aprilshowersnowastorm · 27/09/2018 13:26

Your dc isn't pay per view.
He needs to pay regardless of whether he sees the dc.

Phillipa12 · 27/09/2018 13:33

Visitation and maintenance are not linked. A father is legally allowed to see his child irrelevant of how much maintenance he pays and if the father took you to court for visitation rights a judge would look very dimly on what you have just written.
Maintenance, is the ex earning? If so then he should be paying a legal minimum towards the child dependant on how many nights he has them. You can go onto the cms website and find out how much he should be paying if you know his weekly wage. If you dont contact the cms and get them to start chasing for payment.
There are a number of exs that pay over the minimum, a number that pay the legal minimum, some that work cash in hand and fiddle the books to pay less and some that pay nothing but unless your ex is a danger to his child then that child has a right to a relationship with its father irrelevant of how much he is paying.

NorthernSpirit · 27/09/2018 13:39

As other posters have said, children are not pay per view. Completely separate matters.

The father / NRP should be paying maintenance. Go through the CMS if you don’t believe it’s the correct amount.

NorthernSpirit · 27/09/2018 13:40

And it’s not about the father ‘demanding’ contact, or you stopping / ‘allowing’ it.

It’s about the child’s rights to a relationship with the NRP.

Whatififall · 27/09/2018 13:41

As pp’s have said visitation is not dependent on maintenance as you’re child is not a pay per view item.

If he is not working but receiving benefits the minimum he should pay would be £7 p/w. If he is not working or claiming benefits he can be classed as nil income by CMS so have to pay nothing.

If he is working then you should apply for maintenance through CMS.

Whatififall · 27/09/2018 13:43

Posted too soon - and despite all that he has a right to see his child, it’s not a demand. Even if he is a risk then there are ways and means to make contact safe for the child ie contact centres

heidiwine · 27/09/2018 13:47

Neither you nor your child’s father have a ‘right’ to your child who is a person in its own right. What you do have are responsibilities for your child. These include keeping your joint child safe and secure allowing the child to enjoy the best possible relationship with both of their parents so that they grow up (as far as possible) secure in the knowledge that they were loved by their parents.

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