Child Maintenance

stresscase69

Hi People ! - Ok could really do with some help at the mo, I have a 11 yo daughter . I never put the fathers name on her birth cert. the father never acknowledged her as his daughter , but over the last few years my daughter was asking me questions so I told her who her father was. I wrote a few letters a few years back and received no reply. I also contacted his partner and received nothing back. so there is nothing to say he is even acknowledging my daughter ... I visited his house a while back and was cleared at the front door by his partner. Now my question is can I claim maintenance after 11 years , even though his name is not on the birth cert, also he is emigrating to Canada and America soon ... and because I claimed single mothers allowance and received a council house does that come into it ?! .. I am now married and have a second daughter. any advice would be super please .....

Pat Mustard

You need legal advice, which can't be given here, unfortunately.

You could ask a solicitor about applying for an order for maintenance and about the possibility of enforcing such an order if he emigrates. Ask about a 'mirror order'.

tetsyb

ok as you can see im new and im unsure where to put this but here goes (my apologies)

Im a single father of a soon to be 7 year old,love her with all my heart,have been there for her since day one.

Iv never refused to see her,if im honest i take her when ever i can.

My normal days depending on my shifts were either thurs to sat or fri to sun,but i always had her more because i took her when the mother needed to work or whatever.

Iv always paid maintenance to date iv only missed two and one was because i had her for a full week while she was on holidays (we both agreed then) and because now she is refusing to let me see my daughter im refusing to pay her (hot headed but shes all about money..its my only option to get her to listen in my eyes)

I am on the childs birth cert but not as yet a legal guardian and with us being frosty at the min i cant say she would agree to sign it.

I tried mediation (my idea) but that broke down when she made excuses and we never went back.

So my point is,where do i stand? i dont want to drag this to court for expense reasons and because while waiting im missing everything in regards my daughter.

Im fed up with "im her primary carer" or "your not seeing her" because she didnt get her way..

i feel backed into a corner here and im in a black pit of dispaire and worry that i wont get to see my child again..

please please can someone help or advise me please

Greenmachine

You might have a difficult time proving he is the father, all things considered. You don't have his name on the birth cert and the fact he is planning on moving to Canada.

Pat Mustard

tetsyb wrote: »

because now she is refusing to let me see my daughter im refusing to pay her (hot headed but shes all about money..its my only option to get her to listen in my eyes)

At least three separate issues in your post: guardianship, access and maintenance.

All of these issues can be put in front of a judge, to let him/her decide. It may be the most sensible thing to do, in the absence of agreement, where mediation has failed.

If you can't pay a private solicitor, you can go to the legal aid board.

Mr. Incognito

If you are remarried you cannot claim for maintenence from the date of marriage asfaik.

See a solicitor

jane82

They dont backdate the maintenance by more than 6 months here. Thats if you can prove hes the father.
I doubt they would extradite him for a dna test either but Im not a solicitor.

Pat Mustard

Mr. Incognito wrote: »

If you are remarried you cannot claim for maintenence from the date of marriage asfaik.

See a solicitor

It sounded like the OP was asking about maintenance in respect of her daughter.

tetsyb

thanks for the reply...i was hoping that maybe someone has been in this situation and come out the other side satisfied because at the minute it seems that unless your the worst dad ever...being screwed over is the way it goes...