Consent order or Child Maintenance Service?

My stbx and I separated 9 months ago and I finally moved out of the family home 2 weeks ago. We have 2 young children which live with me and see their dad once or twice a week. A divorce petition was filed last week but he is a pedantic so & so and I don''t expect the proceedings to go smoothly or fast!

In the meantime he is refusing to give me a penny towards the childrens'' upkeep, even clearly said he would not pay towards their swimming lessons or other activities. I only work part time as the youngest is still in pre school and after paying the bills each month I am left with £10 to clothe them etc.

My question is, should I wait for maintenance payments to be agreed through the solicitors in terms of a Consent Order or should I make an application to the child maintenance service? Either way he will only pay the minimum he can get away with but I can''t afford to wait years for the divorce to be finalised before I get some help towards bringing up the kids.

Any advice much appreciated!

Make your application now it could be sometime before your consent order is agreed. You become eligable for chikd support the day you apply and need the cash now.

Apply to CMS as soon as possible.

Is your ex in employment?

Yes he is so should be contributing. I just wasn''t sure whether to wait for the consent order would be any more legally binding or if contacting child maintenance would go against me in the divorce at all?

You''re right though, I can''t afford to wait for months/years so it looks like CMO is my best option.

Why would it go against you, its your childrens needs and they are the courts priority, its just a phone call it will benefit your children straight away. It wont take long to process your application.

If anything a consent order would be less legally binding for child maintenance.

A court can only include it by consent so if you don''t both agree it can''t go in.

If he doesn''t pay you then have to go back to the court for enforcement, this will take time. CMS don''t need a courts authority to start enforcement procedures they can just get on with it. If your ex is working they can soon set up a deductions from earnings order.

After 12 months either of you can apply to the CMS and their assessment would over rule the court order anyway.

You might be discussing a consent order for the next year or more especially if your ex is trying to be awkward. You need to sort child maintenance now