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Ex broken court Order and no contact with kids

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Jaded14
Posted by
New Member

12 Oct 14 #446685 by Jaded14

Topic started by Jaded14

My divorce happened last year and financial settlement got sorted.
He then assaulted me ,he was on bail ,children witnessed the incident
And contact was stopped.our maintenance was agreed at half weekends n annually half holidays.since then ,there''s been no contact e kids,
He hasn''t increased maintenance ,court order says there should be no contact till further hearing,there is no contact till further hearing.
What should I do?
Can I ask for increase for double maintenance as my costs of childcare have increased and I can''t afford it anymore my finances though good but have been tight ,it''s not fair to put me under so much financial stress,surely court would order him too inc double maintenance ,my ex makes about 65000£ annum gross pay just pays 750 per month for two kids aged 9,6.
Due to his assault n his own doing I''m in this position,pls advise which forms to use ,n do I need to do attachment of earnings order.
N what are my chances?

MrsMathsisfun
Platinum Member

13 Oct 14 #446691 by MrsMathsisfun

Reply from MrsMathsisfun

Have you checked the maintenance calculator on the cm options website to see whether he should be paying more. If the calculator says the amount he pays is correct then it would be unlikely a court would make him pay more cm. However you might have a case for spousal maintenance depending on difference in your income, your proven need and his ability to pay.

Child Maintenance Options
Moderator

13 Oct 14 #446709 by Child Maintenance Options

Reply from Child Maintenance Options

Hello Jaded14

When maintenance is calculated, the amount of overnight stays the children have with the paying parent should be taken into account. If this changes, the amount paid can also change. However, this depends what type of arrangement you have in place.

If you have a Consent Order, they have to be in place for at least 12 months before they can be amended. This then requires going back to the courts. You would need legal advice on this and you may wish to contact Civil Legal Advice, www.justice.gov.uk/legal-aid, or the Citizens Advice Bureau, www.adviceguide.org.uk.

If you have an arrangement set up via the child maintenance Service, they will review the amount paid every 12 months. Between these reviews you can ask them to take other things into account. You can see detailed information about how the Child Maintenance Service work out maintenance here, www.gov.uk/government/uploads/system/upl...hild-maintenance.pdf.

On the Child Maintenance Options website, www.cmoptions.org, there is a calculator which will give you an indication of what the Government would consider to be a reasonable amount of maintenance for you to receive.

If you would like information about the different ways maintenance can be set up and a more personalised service, you can contact Child Maintenance Options directly.

The Department for Work and Pensions (DWP) have a web application, ‘Sorting out separation’. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is www.wikivorce.com/divorce/Sorting-Out-Separation.html.

Regards

William

WYSPECIAL
Moderator

13 Oct 14 #446736 by WYSPECIAL

Reply from WYSPECIAL

Assume your ex is on £65k per year gross?

CMS rates for two children with no overnight stays would be about £790 per month so with the previous amount of contact he had he was paying more than he had to.

Unfortunately your not going to get it doubled now he has no contact,

Have you looked at tax credits for help with child care costs?

Fiona
Platinum Member

14 Oct 14 #446747 by Fiona

Reply from Fiona

Is child maintenance in a court order settling the finances on divorce and if so does it say anything about reviews and increasing the amount? Does your ex live in the UK?

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Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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