CMS claim from non biological parent

Hello, I am looking for some advice please 

I am a mother of 2 kids. 

My ex partner is the biological parent to 1 and not biological parent to the other.

Both children have remained in contact since our separation and have had regular overnight contact arranged via a court order. 

He has natural PR for his son and ordered by the court PR for his non biological daughter so he could make medical decisions in an emergency etc.

My ex has paid via the CMS for his biological son but has not paid anything ever for his non biological daughter maintenance wise and I have never asked him too.

However and this is my question 

My daughter his NON biological daughter who is a stropy 15 year old is deciding she wants to spend more time with my ex and I am okay with this that's her choice.

But now he wants to stop paying the CMS for his biological son and reverse the CMS on to me and claim CMS from me for his non biological daughter who he has PR for.

Can this happen? 

Any advice appreciated.
 


Comments

  • Can it happen? 

    Well no he can't stop paying for his biological son unless there is a reason to stop paying - i.e. he's no longer eligible to receive support. 

    The case of the daughter is a separate issue and yes if they have day-to-day care of her then they can make a CMS claim against you. Of course they'd have to establish that they have day-to-day care of her which would at a minimum mean they spend more time with him than you - is that the case?

    In the absence of a court order setting out any new arrangement it might be difficult for him to establish that he has day to day care of your daughter and you could probably dispute that he does and provide whatever terms are set out in the existing order as evidence of the current arrangements.

    Of course, surely you would want to provide maintenance for your daughter? 

    ln the end of it if his claim was successful what's due to one would be netted out from what's due the other and it might mean its a wash or a small payment going one way or the other. 
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