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Am I Entitled To Pay Less Child Support?

By: Chris Nickson - Updated: 19 Nov 2017 | comments*Discuss
 
Child Support Child Support Act

Q.I am a divorcee living in London and my ex-wife resides in France with our 7-year-old daughter. I visit every 6 weeks and pay 15% of my monthly salary (the payment is £500). They visit London 3 times each year. I also have a 2-year-old daughter with my new partner.

My ex-wife remarried last week and her husband also has a 7-year-old-daughter. Does any of this affect my child support payments?

(T.C, 2 October 2008)

A.

Your seemingly simple question actually raises a lot of very interesting points. You pay the amount mandated by the Child Support Pensions and Social Security Act 2000, which amended the Child Support Act 1991 and 1995, which said the non-resident parent should pay 15% of net income as child support.

However, if the child and custodial parent are resident outside the UK, the 2000 Act doesn’t apply, according to some sources, which could leave you free to petition for a change in the amount of maintenance paid.

Also, if you have to travel long distances and spend a great deal in order to have regular contact, you might be able to petition to have the maintenance reduced.

Perhaps surprisingly, the one factor that doesn’t seem to have any influence on the proceedings is the remarriage of your ex-wife, although you might suppose that would be the one that would affect things most.

You do have a financial responsibility to your daughter until she’s 16 or until she’s 19 if she remains in full-time education; that’s very much the law.

Something you don’t say is how you and your ex arrived at the 15% of your income figure, whether it was agreed mutually, through mediation, or imposed by the courts, or whether her move to France occurred after the divorce.

It would seem that you’d like to reduce your child support payment, and that’s understandable when you’re paying £6,000 a year. However, before you start consulting a lawyer, consider a few things.

From the number of cross-Channel visits – both ways – it would seem that you and your ex are on good terms. Might it be possible for the two of you to talk and maybe arrive at a lower figure for child support? Something arrived at amicably is much better for all parties than going through a legal process.

Additionally, if you are on good terms, taking legal action to reduce child support payments could sour those good relations. Given that you have 10 more years of child support payments and visits, the goodwill might outweigh the money.

But, before you do anything, sit down and have a talk with your lawyer who can give you the proper advice in the situation. Find out more about child support payments in our guide, here.

Check out the Separated Dads Forum... It's a great resource where you can ask for advice on topics including Child Access, Maintenance, CAFCASS, Fathers Rights, Court, Behaviour or simply to have a chat with other dads.

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[Add a Comment]
kev - Your Question:
I have been paying £200 a month for my daughter since I split with her mother. we were not married and she's moved around with work ,Germany, Cyprus ext for the last 8 years. I have had to deal with extra expense etc to even see my daughter over the years.she got married approx 6 years ago and I continued to pay the £200. my ex partner separated last year and moved back to uk. recently my daughter came to live with me and this was agreed verbally, she was enrolled in school and I started receiving child benefits, after 3 months my ex partner refused to bring her back to me after a visit and legally I have no rights as we both have parental responsibilities. I have filed a child arrangement order last week and waiting to go to family court.the other day I received a letter from the Child maintenance service asking for me to contact them and that based on information I should be paying double what we had previously agreed?since her move back to uk a year ago she has be cohabiting with her new partner and the both have a good incomewhere do I stand legally and can this be diverted until the court application has been heard ?

Our Response:
You would have to pay until the court order makes the decision of whether your daughter should reside with you (in which case you would stop) or with your ex (in which case your payments will continue). You can see how much you should be paying via the link here . The fact your ex and her partner have a good income is not relevant. The non-resident parent is by law deemed responsible for paying to support the day-to-day welfare of child regardless of what the other parent earns. If you stop payments for the duration of the court case, you could find yourself with some hefty arrears.
SeparatedDads - 20-Nov-17 @ 12:59 PM
i have been paying £200 a month for my daughter since i split with her mother. we were not married and she's moved around with work ,Germany, Cyprus ext for the last 8 years. i have had to deal with extra expense etc to even see my daughter over the years. she got married approx 6 years ago and i continued to pay the £200. my ex partner separated last year and moved back to uk. recently my daughter came to live with me and this was agreed verbally, she was enrolled in school and i started receiving child benefits, after 3 months my ex partner refused to bring her back to me after a visit and legally i have no rights as we both have parental responsibilities. i have filed a child arrangement order last week and waiting to go to family court. the other day i received a letter from the Child maintenance service asking for me to contact them and that based on information i should be paying double what we had previously agreed?.since her move back to uk a year ago she has be cohabiting with her new partner and the both have a good income where do i stand legally and can this be diverted until the court application has been heard ?
kev - 19-Nov-17 @ 6:30 PM
Nae wise shelley - Your Question:
Can I ask I have supported my two sons as agreed. However the parent wants more and has gone to csa. One son is 17 he is in college and also received pip and received high care component. Is any of this taken into account when assessing what I need to pay.

Our Response:
Calculating what you should pay can be done through the CMS calculator here. You can also ask CMS Options this question via the site.
SeparatedDads - 17-Nov-17 @ 3:37 PM
Can I ask I have supported my two sons as agreed.However the parent wants more and has gone to csa.One son is 17 he is in college and also received pip and received high care component.Is any of this taken into account when assessing what I need to pay.
Nae wise shelley - 17-Nov-17 @ 7:09 AM
I am a divorced (3yrs) dad with 2 children who stay with my ex wife during the week and myself every weekend. To maintain my kids environment I gave my ex wife the family home mortgage free and have been paying 500 per month maintenance (25% of salary). My ex wife is due to re-marry and her partner will be moving into the old family home. Her new partner has no dependents. My personal financial position is that I took out a mortgage to purchase a home for myself. Common sense says that I should be able to now focus on re-paying my mortgage but legally am I entitled to stop maintenance having given a 250,000 house + contents to ensure the kids ongoing comfort and at time of divorce took 70,000 cash.
GGG - 20-Oct-17 @ 5:04 PM
Why is it that the financial settlement in a divorce (ie for property) does not have any bearing on child maintenance? I was married for five years and my wife did not contribute to any of the capital (it was my father's legacy - someone she never met), and yet walked off with well over 50% of the equity. We have one child together. As well as paying her maintenance, I am effectively paying for her house via my (much) higher re mortgage payments.
Jim - 4-Sep-17 @ 9:23 PM
Mr B - Your Question:
Hi, I was with my sons mother for 4 years, because I wanted to end our unhappy relationship she called the police on me and made horrible accusations up saying I hit my son and her etc etc. Truly horrible experience but its over now, no evidence to support her outrageous claims and social services had no problems saying I was not a danger to my son - luckily I kept all messages from her proving she was lying!! anyway i've tried to offer her money each month - refused, tried a parenting plan - refused - tried mediation refused - now she is controlling when and where I see my son, all on her terms, I cant even have my son stay over night so we never get quality time together. im lost and don't know what to do, I want my son at the least 2 days a week.so far ive opened an account in my sons name and have been putting regular money in each month, ive kept all communications from HER as she only speaks through text. Am I missing anything? what else can I do, we were never married but I feel she is planning more misery for me and my 3 year old boy. I would appreciate any advise

Our Response:
If mutual negotiation has been refused, and where your ex refuses mediation, your only recourse is to apply to court, please see link here . If you cannot afford the court fees you can self-litigate, please see link here . Paying child maintenance for your child and child access have no bearing on each other, meaning if your ex refuses to accept child maintenance, it does not mean you cannot have access to your son.
SeparatedDads - 4-Sep-17 @ 2:00 PM
Hi, i was with my sons mother for 4 years, because i wanted to end our unhappy relationship she called the police on me and made horrible accusations up saying i hit my son and her etc etc. Truly horrible experience but its over now, no evidence to support her outrageous claims and social services had no problems saying i was not a danger to my son - luckily I kept all messages from her proving she was lying!! anyway i've tried to offer her money each month - refused, tried a parenting plan - refused - tried mediation refused - now she is controlling when and where i see my son, all on her terms, i cant even have my son stay over night so we never get quality time together. im lost and don't know what to do, i want my son at the least 2 days a week. so far ive opened an account in my sons name and have been putting regular money in each month, ive kept all communications from HER as she only speaks through text. Am i missing anything? what else can i do, we were never married but i feel she is planning more misery for me and my 3 year old boy. I would appreciate any advise
Mr B - 3-Sep-17 @ 7:00 PM
Nina - Your Question:
I was just wondering if I was putting in a claim to get cma off my ex boyfriend do I have to pay a cost to get it started?

Our Response:
You can obtain free information and advice for Child Maintenance Options. However, the fees and charges include: a £20 application fee for applying to the statutory scheme, a 20% collection fee on top of their usual child maintenance amount for paying parents using the Collect & Pay service and a 4% collection fee deducted from their usual child maintenance amount for receiving parents using the Collect & Pay service. You can see more via the link here .
SeparatedDads - 8-Aug-17 @ 2:38 PM
I was just wondering if I was putting in a claim to get cma off my ex boyfriend do I have to pay a cost to get it started?
Nina - 7-Aug-17 @ 9:37 PM
Sarah - Your Question:
Hi there - my husband and I have just got married, and I have 2 dependant children. He has a daughter, who is now 22, but he is still having to pay child support of £216 for the next 18 months, because they say he has not paid all that he should when she was younger - surely this is not allowed?I also have 2 dependant children - does this not get taken into account by them?Thanks in advance.

Our Response:
If your husband feels he is being treated unfairly, his only recourse is to complain, please see link here.
SeparatedDads - 1-Aug-17 @ 11:16 AM
Hi there - my husband and I have just got married, and I have 2 dependant children.He has a daughter, who is now 22, but he is still having to pay child support of £216 for the next 18 months, because they say he has not paid all that he should when she was younger - surely this is not allowed? I also have 2 dependant children - does this not get taken into account by them? Thanks in advance.
Sarah - 31-Jul-17 @ 8:50 AM
BV99 - Your Question:
Hi, CSAtook monies direct from my employer under ATE agreement. That stopped last year when I came out of employment. Started work again and payments are continuing under the CMS system and all seemed fine. Then out of the blue CSA write to me advising they did not ask for the correct amounts from my employers going back to 2003 and are demanding £2175.86 in back dated monies due to their error?? Where do I stand?Thanks

Our Response:
I think in this case you might wish to complain or appeal, please see link here .
SeparatedDads - 28-Jul-17 @ 10:27 AM
Hi, CSAtook monies direct from my employer under ATE agreement. That stopped last year when I came out of employment. Started work again and payments are continuing under the CMS system and all seemed fine. Then out of the blue CSA write to me advising they did not ask for the correct amounts from my employers going back to 2003 and are demanding £2175.86 in back dated monies due to their error?? Where do I stand? Thanks
BV99 - 26-Jul-17 @ 7:35 PM
kaylj - Your Question:
Hi, my partner and his ex have a child of 4, they're currently going through the divorce and he pays her maintenance, however me and my partner live together and are expecting our own child together, how will that effect the money? he pays her does the money go up or down, as you can understand it's hard to look at the earnings and what can go on our expected child when he has so much going towards his ex-wife.

Our Response:
The Child Maintenance Service will take into account the number of children the paying parent has to pay child maintenance for. This includes any other children living with them and any arrangements that have been made directly with an ex-partner. If your partner pays via a statutory CMS arrangement, then please see link here.
SeparatedDads - 17-Jul-17 @ 10:23 AM
Hi, my partner and his ex have a child of 4, they're currently going through the divorce and he pays her maintenance, however me and my partner live together and are expecting our own child together, how will that effect the money? he pays her does the money go up or down, as you can understand it's hard to look at the earnings and what can go on our expected child when he has so much going towards his ex-wife.
kaylj - 14-Jul-17 @ 4:45 PM
My ex and I have broken up about a year ago. I’ve since moved out and have been paying the mortgage ever since along with all the expenses for my own rented property. We have two children 4yrs and 7 yrs old. • We were never married • The property they life in is in my sole name • She has no legal claim to the property as it was never my intention that she would • She has never made any financial contribution towards any of the purchase cost, mortgage repayments or upkeep of the property She has recently intrusted a solicitor to try a claim a lump sum of $50k from me, using Section 1 of the Children Act. I have advised her solicitor that I’ve made numerous attempts to get an agreement put in place. As well as providing the evidence of the messages sent to my ex, I explained that I've suggested in order to minimise disruption to our daughters, I’m prepare for her and the children to remain in my home until my youngest reaches the age of 18yrs or finishes full time education. At which time my ex will need to seek alternative living accommodation.I don't believe she is in a position to make a lump sum claim againist mr since I'm offering to let them stay in the property and will continue to pay the mortgage in lieu of child maintenance. I am still awaiting their response. I have been taking our daughters to school for the past 2.5 years (Mon to Thur) and suddenly this week my ex made the decision via her solicitor that she will make her own arrangements to take them to school. I advised her solicitors that I do not believe that the recent decision was in the best interest of our children as they need continuity, which was apparent when they expressed their disappointment, whilst being quite distressed about it to me. I will now only see my children for one day at the weekend, which is a drastic change. I believe I have equal parental responsibility for our children, as they were both born after 2003 and I was present at the signing of both of their birth certificate and have been very hands on with them both. How do I go about getting shared parental responsibility so that my ex does not dedicate when I can see them. We have not attended any meditation and would like some guidance on whatprecisely should be my next move, given I’m presently defending her lump sum claim via her solicitor. I gathered I cannot take this to court without attending mediation first.Do I need to instruct a solicitor at present as I feel I have done a lot of research and I’m able to use this when responding. Many thanks and any advise would be a great help.
Mr Dee - 8-Jun-17 @ 4:30 PM
Dad - Your Question:
My ex wife and I have a son who I pay maintenance for. She is in a new relationship and is having another child. Does this effect the amount I now have to pay?

Our Response:
No, this will not make a difference to the amount you will pay.
SeparatedDads - 24-May-17 @ 12:28 PM
My ex wife and I have a son who I pay maintenance for. She is in a new relationship and is having another child. Does this effect the amount I now have to pay?
Dad - 23-May-17 @ 7:44 PM
Hi I pay my CSA every month directly out my wages, my ex wife has now re married and had a child of there own. Do my payments go down now she has new family, they have 3 cars big house and 4 holidays a year while I struggle as a single man, no extra help like tax credits etc I have my children almost every single weekend is there any help I can claim or entitled too? Thank you
cavey75 - 8-Mar-17 @ 2:05 PM
Jon - Your Question:
Hi need some enlightenment please.I have remarried 3 years ago and still paying ex wife amount according to decree nessi.but the issue is when we got final divorce we were long separated and have a child then with my partner then and current wife now and since remarrying, my ex is still asking for more money and was wondering if I should tell the court that I have 2 kids with my current wife so my child support to my ex wife should be recalculated as Iam trying struggling to keep up as ex wife demanding more money all the time.also it says at the age 16 I can stop support and ex wife both 18 but im still paying a lot.I want to do what is fair on both my kids from ex wife and my current family not to suffer too.

Our Response:
If there is a change regarding your circumstances, you can apply back to court for a variation. You may wish to see how much you should be paying via the CMS link here.
SeparatedDads - 6-Mar-17 @ 10:31 AM
Hi need some enlightenment please.I have remarried 3 years ago and still paying ex wife amount according to decree nessi.but the issue is when we got final divorce we were long separated and have a child then with my partner then and current wife now and since remarrying, my ex is still asking for more money and was wondering if i should tell the court that I have 2 kids with my current wife so my child support to my ex wife should be recalculated as Iam trying struggling to keep up as ex wife demanding more money all the time.also it says at the age 16 I can stop support and ex wife both 18 but im still paying a lot.I want to do what is fair on both my kids from ex wife and my current family not to suffer too.
Jon - 5-Mar-17 @ 9:29 AM
Hi all, my ex wife refuses to pay me maintenance for our daughter because she is self employed, I pay monthly for our son who lives with her as I am employed and if I don't the CSA will take the money direct from my employer, the system stinks, she has declared that she earns 24k per year but she rents a three bed house, has holidays, runs a car, pays rent on her shop for 24k? She was earning over 60k when we were together 7 years ago and hiding all the cash. Should I report her to the tax office?
Thommy - 27-Feb-17 @ 9:08 PM
jj - Your Question:
Hi, my ex earns over 3 times as much as I do and I am really struggling paying the amount on child maintenance. Im in debt because of a loan I had for the house w3 had. which she now owns. I want to start a family with my new partner who has no children, but I see it only makes about £6 a week difference if we do! We are both on low wages. combined still half what my ex earns. can this not be taken into account ? I want to pay maintenance to my 2 children but also want to start a life with my partner. it doesn't seem fair thst we have to struggle whilst my ex is loaded! It will make my new child almost have a less quality of life than my other 2? Obviously we would be very lovely parents.hope that makes sense! Just quite frustrated.

Our Response:
I'm afraid your ex's earnings are not taken into account. It is your earnings as the father and by law you have to pay child maintenance to support your children. Your only recourse is to negotiate a family-based arrangement with your ex directly. However, if she wishes to continue to recieve the assessed amount of money, it is her prerogative.
SeparatedDads - 24-Feb-17 @ 1:59 PM
Hi, my ex earns over 3 times as much as I do and I am really struggling paying the amount on child maintenance. Im in debt because of a loan I had for the house w3 had.. which she now owns. I want to start a family with my new partner who has no children, but i see it only makes about £6 a week difference if we do! We are both on low wages... combined still half what my ex earns.... can this not be taken into account ? I want to pay maintenance to my 2 children but also want to start a life with my partner... it doesn't seem fair thst we have to struggle whilst my ex is loaded! It will make my new child almost have a less quality of life than my other 2? Obviously we would be very lovely parents..hope that makes sense! Just quite frustrated.
jj - 23-Feb-17 @ 5:09 PM
Mr_Dee - Your Question:
I’m seeking some legal advice regard a 3 bed house that I solely own.My ex-partner and I have been living together in this house along with our two children (4yr & 7yrs old). We are not married and the relationship had broken down last year April and I agreed to moved out into a 1 bed rented accommodation with the view of giving us some space, with the hope that we would reconcile down the line. I have been paying all of the bills, mortgage and living expenses for both properties as she was not been working. The house in owned solely by myself, I’ve not receive any financial contribution from my ex towards the purchase nor the upkeep of the house as she’s been a stay at home mum.It is now become apparent that reconciliation is not on the cards. My ex-partner has started working from Nov 2016 and I’ve asked her to start contributing towards the expenses of the house but she refuses to do so unless her name was legally put on the house which in light of how things are, I’m not prepare to do. She has taken on some of the utility expenses since but I am still having to pay for the mortgage despite not living in the property. It’s the bulk of the expense and its a significant financial burden I cannot upkeep.She is refusing to move out, not even into rented accommodation but keep siting that she wants to remain in the home because it’s in the best interest of the children. I have offered her a few options but unless she gets 50% of the house and also for her to remain living in the property – she is not agreeing to any of it. She’s just stated that she no longer wishes to discuss this with me any further as she feels that I’m trying to bully her into an agreeing to something which only benefits me, so has suggested going to mediation. If I attend mediation, can they force me to give her 50% share of my property that I purchased and paid for all by myself? All I want is my property back so I can create a home for me and my children. Can you please offer some advice on what my legal position is on:-a) Acquiring my property back? How do I best go about that?b) If I wish can I put the property on the market for sale, thereby giving her reasonable notice to vacate despite that she is currently living there with my two children but without contributing towards the mortgage payment?Seeking some advice what my legal rights are or whether she has a claim to my property because we have children and she is currently living there with them.

Our Response:
I'm afraid you are in a bit of a tricky situation and it sounds as though your ex has had some legal advice regarding her position. Unfortunately, the initial mistake you made was to move out of the house as this makes it more difficult to re-claim your property when there are children involved. The court will always decides upon what it thinks is in the best interests of your children and it would be likely to allow your ex and your children to remain in the house until they have completed their education, in order to avoid disruption. Therefore, you may wish to seek legal advice in order to explore your options. With regards to mediation, a mediatior is only there to help guide the conversation, and although an agreement may be reached and overseen by the court, it is not enforceable by law; only the court can do this. Please also see CAB link here which will explain further.
SeparatedDads - 2-Feb-17 @ 12:15 PM
I’m seeking some legal advice regard a 3 bed house that I solely own. My ex-partner and I have been living together in this house along with our two children (4yr & 7yrs old). We are not married and the relationship had broken down last year April and I agreed to moved out into a 1 bed rented accommodation with the view of giving us some space, with the hope that we would reconcile down the line. I have been paying all of the bills, mortgage and living expenses for both properties as she was not been working. The house in owned solely by myself, I’ve not receive any financial contribution from my ex towards the purchase nor the upkeep of the house as she’s been a stay at home mum. It is now become apparent that reconciliation is not on the cards. My ex-partner has started working from Nov 2016 and I’ve asked her to start contributing towards the expenses of the house but she refuses to do so unless her name was legally put on the house which in light of how things are, I’m not prepare to do. She has taken on some of the utility expenses since but I am still having to pay for the mortgage despite not living in the property. It’s the bulk of the expense and its a significant financial burden I cannot upkeep. She is refusing to move out, not even into rented accommodation but keep siting that she wants to remain in the home because it’s in the best interest of the children. I have offered her a few options but unless she gets 50% of the house and also for her to remain living in the property – she is not agreeing to any of it. She’s just statedthat she no longer wishes to discuss this with me any further as she feels that I’m trying to bully her into an agreeing to something which only benefits me, so has suggested going to mediation. If I attend mediation, can they force me to give her 50% share of my property that I purchased and paid for all by myself? All I want is my property back so I can create a home for me and my children. Can you please offer some advice on what my legal position is on:- a) Acquiring my property back? How do I best go about that? b) If I wish can I put the property on the market for sale, thereby giving her reasonable notice to vacate despite that she is currently living there with my two children but without contributing towards the mortgage payment? Seeking some advice what my legal rights are or whether she has a claim to my property because we have children and she is currently living there with them.
Mr_Dee - 1-Feb-17 @ 11:51 AM
A N Other Dad - Your Question:
Ho folks. I have been separated from my wife since 15th October 2016. Living with my parents while still trying to sort stuff out. I have engaged a solicitor. She won't. I am paying the mortgage/buildings/contents insurance/boiler cover/ appliance cover/half of any clothing/vet bills for the 2 dogs - she is now paying elec/gas/water/council tax (getting the 25% reduction), the TV/Broadband/phone. I have been paying £100/w for food alone + 1/2 of all above, plus buying my own presents for xmas/birthdays etc. They stay with me Friday night/spend Saturday with me (drop them back Saturday tea time), they come for Sunday lunch. She has 2 part time jobs (2.5 hours per day), is claiming income support/tax credits, has the kids on free school meals, receives all the child benefit etc. I am not convinced she is being honest in terms of what she is claiming however/what savings she may have - I won't go further into that at the moment. Does any of this get taken into account with regards child maintenance payments? Ta.

Our Response:
No, child maintenance payments are based solely upon the non-resident's person's earnings regardless of what the earnings of the resident parent are, or what savings she has. However, despite the mortage and some other bills you may feel personally responsible towards paying i.e vets bills etc, then you do not have to pay anything else (except when the kids are with you; i.e clothes, presents, outings etc). You can see how much you should be paying via the CMS calculator here . Or, you can continue to agree between you what you should pay in a family-based arrangement.
SeparatedDads - 31-Jan-17 @ 12:33 PM
Ho folks. I have been separated from my wife since 15th October 2016. Living with my parents while still trying to sort stuff out. I have engaged a solicitor. She won't. I am paying the mortgage/buildings/contents insurance/boiler cover/ appliance cover/half of any clothing/vet bills for the 2 dogs- she is now paying elec/gas/water/council tax (getting the 25% reduction), the TV/Broadband/phone. I have been paying £100/wfor food alone + 1/2 of all above, plus buying my own presents for xmas/birthdays etc... They stay with me Friday night/spend Saturday with me (drop them back Saturday tea time), they come for Sunday lunch. She has 2 part time jobs (2.5 hours per day), is claiming income support/tax credits, has the kids on free school meals, receives all the child benefit etc... I am not convinced she is being honest in terms of what she is claiming however/what savings she may have - I won't go further into that at the moment. Does any of this get taken into account with regards child maintenance payments? Ta.
A N Other Dad - 30-Jan-17 @ 5:59 PM
Dave - Your Question:
Been trying to google an answer to this but not having much lookMy daughter is studying law and has told me when my ex partner gets married my legal obligation to pay child support endsWe dont have the csa involved its a mutual agreement My daughter is 13yrs old and maybe if this is true in a couple of years time I would prefer to pay it into my daughters bank account to get her used to managing money

Our Response:
If your daughter's mother gets re-married, this will not affect you having to pay child maintenance to her. You are considered responsible for supporting your daughter's day-to-day needs until she leaves full-time education regardless of her mother's marital status.
SeparatedDads - 9-Jan-17 @ 12:24 PM
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