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Maintenance

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Under60
Posted by
Platinum Member

11 May 18 #501585 by Under60

Topic started by Under60

In the divorce offer he offered child maintenance set by CMS.
After accepting this offer I applied for it.
In the Consent Order, they had missed this bit out.
I queried with my solicitor, who said as I had already applied it didn’t matter. Consent order is now stamped.
Now it is kicking off about paying maintenance. It is all of £20 a week, probably payable for max 3 years.
He is threatening more court stuff to dispute this.
The arrangement is he is meant to be super important and works self employed Monday to Friday, so I look after children, feed, take to and from school, change sheets, sort school stuff, doctors, hospital appointments, dentist, haircuts etc mon to Fri.
He has care Friday after I drop off from school until Monday morning when he takes to school.
He is the most tightest person in the world, and thinks children cost nothing as I have always paid for all of their needs.
As he offered CMS maintenance, does this mean he should pay?
I am confused

divorced at last
Elite Member

12 May 18 #501587 by divorced at last

Reply from divorced at last

Take it up with the CMS. Give them a call and they have a file open already then it should be straight forward. Also they won’t charge you, Court route costs money!

Does he pay global maintenance or spousal to you?

Under60
Posted by
Platinum Member

12 May 18 #501591 by Under60

Reply from Under60

He has never paid a penny for any maintenance child or spousal in over two years.
He thought I should have nothing.....seriously bad choice of husband!

WYSPECIAL
Moderator

12 May 18 #501598 by WYSPECIAL

Reply from WYSPECIAL

If he pays via CMS then Court cannot deal with it.

Under60
Posted by
Platinum Member

12 May 18 #501599 by Under60

Reply from Under60

WYSPECIAL wrote:

If he pays via CMS then Court cannot deal with it.

That’s fab, thank you. I shall look forward to my first payment then

Child Maintenance Options
Moderator

14 May 18 #501619 by Child Maintenance Options

Reply from Child Maintenance Options

Hello Under60

All parents do have the responsibility to provide child maintenance for their children. If you did make an application with the statutory scheme, the Child Maintenance Service, then your ex-husband should be making the payments that they calculated for him to pay. If he is not, then you do need to contact them yourself and inform them of any late or missed payments.

One of the schemes that they provide for parents to use is Direct Pay and this is when the Child Maintenance Service calculate a maintenance amount for you and then leave you both to decide how your payments are going to be made either by direct debit, Standing Order or even cash if you prefer. Direct Pay with the Child Maintenance Service is enforceable, however, they will only intervene again if you contact them to inform them that your ex-husband is being late or missing his payments.

Either parent can request to use the Direct Pay scheme when the application is made, however, if payments are missed or not paid on time the Child Maintenance Service can take action and their Collect and Pay scheme can be enforced if necessary. If you feel that you need the security of a third party managing your arrangement in the future, the Child Maintenance Service can collect and enforce payments on your behalf.

In addition to the application fee of £20 there are also enforcement charges for paying parents who fail to make their payments. The Child Maintenance Service have now also introduced collection charges for Collect and Pay arrangements.

If you do have an existing maintenance arrangement with the Child Maintenance Service you will need to talk to them directly and you should be able to find their telephone number on any letter they have already sent you.

You may also be interested to know the Department for Work and Pensions (DWP) have a website, '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.sortingoutseparation.org.uk/

For more information and for a more personalised service about all your options, you may wish to visit the Child Maintenance Options website yourself at www.cmoptions.org.

Regards

William

Under60
Posted by
Platinum Member

14 May 18 #501632 by Under60

Reply from Under60

Thanks William, as it was in the original offer I accepted, I assumed he was happy to pay (Obviously not happy now).
If my first payment does not arrive, I will definitely call and change to the direct pay instead, which does seem silly as me, him and the child all lose some of the money, but at least something is better than nothing

Thank you for clarifying.

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

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