Attachment of Earnings Order

[deano2509]

Hi guys

I will keep this short and sweet.

My ex and I split up last year. We have a 3yr old I was voluntarily giving her a set amount each week to cover her weekly shop, all was fine until I met someone new and had to ammend the amount i was giving my ex. Much to her dismay she stopped me from seeing my daughter and caused no end of trouble with my new partner. Now out of the blue I find that the CSA have applied for a AOE from my employer.
1. I have recieved no request from the CSA or my ex for maintenance.
2. She still wont let me see my daughter and has threatened a restraining order if i go near the house.
3. Blocked me on all communication.

Although I am more than happy to finance my childs upbringing surely she cant stop me legally from seeing my daughter?

Any advice, guidance or direction will be greatfully recieved.

[Bazeydog]

Hi Deano,

sounds very similar to my situation. If you have been paying CM on a family based arrangement and she is not happy with the amount you contribute, then CMS is there for her to use if she isn’t happy with that arrangement. Make sure you use the CM calculator to see if you have been paying correct amount. Going forward it may be advisable to open a CMS case to avoid any further disputes over money.

I'm by no means a legal expert but best way forward with regard to contact with your daughter would be to book an assessment with a mediator. If ex refuses, which is likely, then you can apply to court for child arrangements order to have the court decide the contact you have with your daughter, which will be enforced if your ex doesn't follow the agreed arrangements.

Find out if you have a local law centres that runs any free clinics for legal advice. Also Child Law Advice is a charity that give very good advice and is free to call.

Hopefully someone more knowledgeable can offer further advice here, but remember stay child focussed and be prepared for what can end up being a long winded process, but hopefully with the best outcome.

Good luck!

[charitynjw]

Hi Deano

I'll give Peridot a nudge. (Who's not logged on the forum atm, but should pick this up soon.)

[Peridot]

Hi Deano2509,

As you may know child maintenance and contact are two distinct things. Child maintenance is payable whether or not you see your child and is calculated on the basis of your earnings. As Bazeydog suggests in post #2 check the CM calculator here:- https://www.gov.uk/calculate-your-child-maintenance

As far as contact with your child is concerned as someone with parental responsibility you are able to apply to the Court for a child arrangement order which would set out the contact arrangements if you are unable to agree them yourselves. You would be expected to have attempted mediation to reach agreement before making any Court application but should it become necessary for the Court to decide the contact issue then your child's best interests are deciding factor for the Court in making an order.

I would suggest not fuelling things by attending the property at this point but get yourself some free initial or fixed/reduced fee appointment with a child law specialist to see what options you have as far as arrangements for contact are concerned and how you can arrange a mediation appointment.