Child maintenance

My ex-partner has just won a 30% beneficial interest in my house (which is in my sole name and home to my two sons) and I am seeking advice as to how I can get maintenance for my 2 children - 4 years and 8 years old. He has never paid a penny towards their upkeep and says he doesn't intend to.

The 30% share is worth about £40,000.

Can I instigate Children Act Proceedings against him to recover the amount and how would I go about it?

Any advice greatly appreciated

Hi
The first question I guess is are the children his? Assuming they are then you can go to the CSA to get child maintenance which would be 20% of his net pay less some allowance for the number of nights he may have them.


LB

He is on benefits and CAFCASS have written three reports that he is to have no contact because he is an alcoholic!!

then he would get a flat rate assessment of £5 a week which would be taken from his benefits and paid to you. Not much else you can do - it's not much but the principal is that he is contributing at least.

I know but why should I give him £40,000 when he has paid a penny in maintenance to two young children.

I guess when you wrote he 'won' this amount - you mean he has been awarded it by a Judge?

I suppose even though he does not pay CM because he is on benefits, he is still entitled to a percentage or amount of the marital assets.

WR

If he is an alcoholic and has no job he has no ability to pay maintenance. However, financial contribution for children and entitlement to a share of the matrimonial assets - less than a third in this instance - are not linked.

I imagine that the 30% is a deferred charge, redeemable when the youngest child finishes secondary education?

Charles