The father of my son has provided the CMS with false income figures. He has earned income which is far higher than that declared, plus he receives a large number of payments in cash.
He is using self-employment and payment by dividend to make his salary income look artificially low. He makes overpayments to his pension leaving him with less income. His business makes substantial profits. He has given an interest in his business to his new girlfriend.
My son is with his father for one night a month and with me for the rest.
Suffice to say my ex-partner leads a comfortable life while we are having to borrow from friends and be referred to the local food bank.
For the past 3 weeks, I have received £0 maintenance (he feels justified to backdate the “overpayment” in maintenance, I am apparently due to receive £18 a week from some point in February).
I am appealing this through the CMS and am awaiting an Appeals date (HM Courts and Tribunals). Meanwhile, my son does not want to have contact with or see his father and I am in complete agreement.
Can I prevent my ex-partner from seeing his son? Would welcome your thoughts. Thank you
Are you in the UK? Access and maintenance are meant to be separate so no, non-payment is not a reason to stop access.
How old is your son? If he is teenage than he has a say and if he doesn’t want to visit his dad, then that’s his choice.
Or if you think your son will come to harm when with his dad, that would be a reason to stop. But It would be better to maintain contact if possible. It gives you a rest, let’s your son build a relationship. I know it’s hard sometimes x