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New child question

Friend of divorcee

A divorcee woman has a young child already (from marriage), now she wants another child. She is now pregnant with one from a different man (sort of fling (not married)).

She wants the child when it is born and the man is on the benefits. Plus the man has said to the woman, he doesn’t want anything to do with her and his baby when the child is born.

I’m not too sure; a paper was given to her/him to sign? I don’t know what paper it is?

Would the man have to contribute any money for the child? Through his benefits, tax credits, etc.

Thanks


«1

Comments

  • geminilady
    geminilady Posts: 1,922 Forumite
    Part of the Furniture 1,000 Posts
    Yes he would have a small amount taken out of his benefits
  • tazwhoever
    tazwhoever Posts: 1,326 Forumite
    Part of the Furniture 500 Posts Name Dropper
    Yes he would have a small amount taken out of his benefits
    What would the divorcee need to do, as the man has said he doesn't want any involvement with her and baby?
    What is this paper which is to sign? (I have not knowledge about this, never come across this child matter).
    What happens if he declines to help?
    I am just trying to help this friend of mine.
    Thanks


  • geminilady
    geminilady Posts: 1,922 Forumite
    Part of the Furniture 1,000 Posts
    The divorcee would need to contact the CSA it does not matter if he does not want involvement with the child.He will still have to pay something for the child.As I said if he does not pay  it will be taken from any benefits and his wage if he gets a job.I do not know what the paper he has to sign is.
  • tazwhoever
    tazwhoever Posts: 1,326 Forumite
    Part of the Furniture 500 Posts Name Dropper
    The divorcee would need to contact the CSA it does not matter if he does not want involvement with the child.He will still have to pay something for the child.As I said if he does not pay  it will be taken from any benefits and his wage if he gets a job.I do not know what the paper he has to sign is.
    Thank you for your advice. 
  • Mrsn
    Mrsn Posts: 1,430 Forumite
    1,000 Posts Third Anniversary Name Dropper
    Was the paper given to her from the babies father? Im wondering if it’s something he wants her to sign saying that she won’t claim any financial assistance for the child. Im
    not sure how legally binding it would be if that’s the case.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    In short there is nothing which prevents a biological father from being chased by the CMS for maintenance (except death, or moving to a country not signed up to REMO) - no signed bit of paper, marital status, or lack of income.

    that said if he's on benefits it's £7 a week.
  • sheramber
    sheramber Posts: 23,059 Forumite
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    Can he be made to pay if he is not on the birth certificate?
  • Mojisola
    Mojisola Posts: 35,571 Forumite
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    sheramber said:
    Can he be made to pay if he is not on the birth certificate?
    Of course. 
    If he refuses on the basis that the child isn't his, he will have to take a dna test.  If he refuses a dna test, he will be assumed to be the father.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    sheramber said:
    Can he be made to pay if he is not on the birth certificate?
    Yes, ofcourse otherwise the system would crumble in hours
  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It's the CMS, these days, not the CSA. 
    Even if she signed something it would not be binding - the government was very keen to prevent people being able to contract out of their responsibility for children, at most it *might* be a written agreement and prevent her for claiming for 12 months, although without knowing what it said and whether she signed it it is impossible to tell.

    What she would need to do would be to apply to the CMS sooner rather than later once the baby is born, as they don't backdate any claims to any time before the application was made.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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