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Ex-p not paying or making contact

4 replies

ballroomblitz · 15/02/2011 12:55

Exp and I split up over a year ago and have a three yr old together. Original private agreement 2 nights a week he has him and pays £100 a month (10% of his net income). I'm a sahm. At uni atm but taking a leave of absence for a year as my son was recently diagnosed with a genetic condition which he needs extra support for.
For the last two months my ex-p hasn't paid anything towards our son. The rare time he has taken him I've even had to send up food as ex-p says he has nothing for him and no money. He hasn't seen him for two weeks bar 10mins he called down one night. Hasn't even rung to see how he is. I don't know what to do. Should I contact a solicitor? Go through CSA?
So sad because he needs his daddy in his life and I've seen how upset my current partner gets as he's fighting to see his daughter

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GypsyMoth · 15/02/2011 13:25

all you can do is go to csa.....you cant in any way force contact

ballroomblitz · 15/02/2011 13:40

I totally know that. Don't know why I thought h'd be any different from the way he was before we split. Selfish and tbh the way I look at it is ex-p is the one missing out because he's a fantastic child. One of my friend's works in CSA so I might ask him where I stand. Never wanted to go that route though.

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gillybean2 · 15/02/2011 13:42

Contact the CSA today. They can't back date but will calculate from day of case opening. Your ex is required to financial support his child, whether he sees him or not.

The CSA will calculate 15% of his net salary and if he is PAYE you should get this relatively eaily (though you will have to chase them up a few times). If he's self employed it can be more tricky but you won't be any worse off than you are now frankly.
www2.dwp.gov.uk/csa/v2/en/calculate-maintenance.asp
I wouldn't mention that you agreed to 2 overnights a week with your ex (because if he's not doing that it's not relevant to the calculation).

Re contact you can not force your ex to have the contact with your ds. You can merely facilitate it by making your child available at the agreed times.

Can you think of any reasons for the sudden changes? Has your ex's circumstances changed? Has he lost his job perhaps or is on sick leave? Is there any reason why he can't afford to pay what was agreed or reasons why he may have stopped contact (sometimes happens when a new partner is on the scene or other priorities take over)? Just saying that this may be a temprary thing (hopefully) but be prepared for it becoming more permanent. :(

ballroomblitz · 15/02/2011 13:56

Thank you gillybean. He is PAYE. No circumstances have changed afaik. I'm really struggling this month and know it can't go on. With my son's genetic disorder part of it is he's unusally tall and it's costing a fortune for clothes, shoes etc as he's sprouting up. I think I've been more than good with facilitating access but I know I can't force him :(
I get the feeling it will be more permanent as unfortunately ex-p was never that interested in our son even when we were together (part and parcel of the reason we broke up)

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