child maintenance vs. college saving

Danae1

Hope someone here can help!

Heading to court to get recog for my child from father. Informed to do so must go first for maintenance order. He sought DNA - if only there were such a doubt - court granted it and ordered him to pay, which he now refuses to do!

Problem is re. maintenance:
(1) he will do all he can to avoid paying; abscond, lie, be continually in arrears etc etc
(2) while this goes on my income (OPFP) will be reduced, impacting my child as a result
(3) can this be paid into child's bank account to pay towards college/house deposit etc instead?

As it is the savings I had started - small though they were- for this are now being eaten up by legal costs as I didnt go for free legal aid (which he is seeking on the basis that he is 'unemployed' which he is not! )

I dont want this to drag on and on, I just want recog for my child and money set aside for his future plans!

PARKHEAD67

Danae1 wrote: »

Hope someone here can help!

Heading to court to get recog for my child from father. Informed to do so must go first for maintenance order. He sought DNA - if only there were such a doubt - court granted it and ordered him to pay, which he now refuses to do!

Problem is re. maintenance:
(1) he will do all he can to avoid paying; abscond, lie, be continually in arrears etc etc
(2) while this goes on my income (OPFP) will be reduced, impacting my child as a result
(3) can this be paid into child's bank account to pay towards college/house deposit etc instead?

As it is the savings I had started - small though they were- for this are now being eaten up by legal costs as I didnt go for free legal aid (which he is seeking on the basis that he is 'unemployed' which he is not! )

I dont want this to drag on and on, I just want recog for my child and money set aside for his future plans!

Ive no advice to give other than what a prick he is.

Danae1

Believe me what I've said here is not even a % of the worst of it !

I wish my lad didnt want to know, or that I was sort of person who could guiltlessly lie to him and say something like he's dead !

The original circumstances were.....not great...... I'm hoping that this doesnt get as bad as then!

Just want to be able to move on with my life and keep options open for my son !

Cavehill Red

Danae1 wrote: »

Hope someone here can help!

Heading to court to get recog for my child from father. Informed to do so must go first for maintenance order. He sought DNA - if only there were such a doubt - court granted it and ordered him to pay, which he now refuses to do!

Problem is re. maintenance:
(1) he will do all he can to avoid paying; abscond, lie, be continually in arrears etc etc
(2) while this goes on my income (OPFP) will be reduced, impacting my child as a result
(3) can this be paid into child's bank account to pay towards college/house deposit etc instead?

As it is the savings I had started - small though they were- for this are now being eaten up by legal costs as I didnt go for free legal aid (which he is seeking on the basis that he is 'unemployed' which he is not! )

I dont want this to drag on and on, I just want recog for my child and money set aside for his future plans!

Ok, a lot to unpack here. Let's take it from the top:
A court can't force a man to 'recognise' a child, merely to assume financial responsibility. If paternity is queried or in any doubt, that will require DNA testing. This, from what I can understand from your post, has already happened. Therefore, he is de facto your child's father and financially responsible. This does not force him to have any engagement with the child, though obviously it is to his own detriment if he does not.

If you seek and obtain a maintenance order from the family court (it is unclear if you are seeking this or have obtained it), then that is a legal requirement upon him. If he is found to have provided false information to the court, that is a criminal offence.

Failing to pay/falling into arrears can be resolved either by a reassessment of his means or he will accrue a debt which will affect his credit rating. If he chooses to leave the jurisdiction, such things will adhere to his record, but would obviously be harder to pursue in another country.

Your social welfare payments ought not be affected if you can demonstrate that you are not in receipt of maintenance payments from the father of your child. This can be achieved by providing full bank statements to the welfare officer.

You can arrange with the father for maintenance payments to be paid into whatever account you specify, with his agreement. Remember that maintenance payments are intended to support the child's needs - food, clothes, shelter, educational requirements - as they arise. Maintenance payments ought not be diverted towards savings schemes/college funds. Such concepts are not the purpose of maintenance. Maintenance payments are a contribution to maintaining the current wellbeing of the child.

If you are entitled to legal aid, you should apply for it. If you believe your child's father is defrauding the social welfare system, you should report him.

MagicSean

Cavehill Red wrote: »

Ok, a lot to unpack here. Let's take it from the top:
A court can't force a man to 'recognise' a child, merely to assume financial responsibility. If paternity is queried or in any doubt, that will require DNA testing. This, from what I can understand from your post, has already happened. Therefore, he is de facto your child's father and financially responsible. This does not force him to have any engagement with the child, though obviously it is to his own detriment if he does not.

If you seek and obtain a maintenance order from the family court (it is unclear if you are seeking this or have obtained it), then that is a legal requirement upon him. If he is found to have provided false information to the court, that is a criminal offence.

Failing to pay/falling into arrears can be resolved either by a reassessment of his means or he will accrue a debt which will affect his credit rating. If he chooses to leave the jurisdiction, such things will adhere to his record, but would obviously be harder to pursue in another country.

Your social welfare payments ought not be affected if you can demonstrate that you are not in receipt of maintenance payments from the father of your child. This can be achieved by providing full bank statements to the welfare officer.

You can arrange with the father for maintenance payments to be paid into whatever account you specify, with his agreement. Remember that maintenance payments are intended to support the child's needs - food, clothes, shelter, educational requirements - as they arise. Maintenance payments ought not be diverted towards savings schemes/college funds. Such concepts are not the purpose of maintenance. Maintenance payments are a contribution to maintaining the current wellbeing of the child.

If you are entitled to legal aid, you should apply for it. If you believe your child's father is defrauding the social welfare system, you should report him.

This is pretty much all that needs to be said op. It's not clear if you have actually had the DNA test yet or if it requires payment first. In any case the judge can deal with his failure to pay. You should be looking for legal aid if you are on welfare and I'm surprised your solicitor hasn't done so.

Dylan123

Why are you not availing of free legal aid?