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Giving up hope

Mom77
Posted by
Junior Member

06 Oct 18 #504242 by Mom77

Topic started by Mom77

Hi everyone.

Feels like it is time to give up but decided to try one more time.
My ex husband doesnt see our daughter. He never showed up at the mediation meetings I tried to arrange for contact, refused to share costs for clothes. Doesnt work and travels around Asia with his new partner. He paid £200 from his huge savings. His pension is more than £635,000.00. I asked the Court to vary the Court order from 2015 for child maintenance (he had to pay £300) and take his savings and pension into a account as income.In 2016 I have contacted CMS for child maintenance but it was all messed up due to the paperwork he provided and I closed the case. Today I got a letter from Court saying that The Court has cancelled our Hearinf Date as it has no jurisdiction and it has to be dealt with by CMS. But he doesnt work. I asked Court for help. I dont know what my ex has told the Court but I have got no explanation how could this be cancelled so easily as I have provided all the proof that he does literally nothing for our daughter and I work part time and have got no family here to help us.

Could somebody explain please how could this happen that first the Court has set up the Hearing date for 17th of October and today the meeting has been cancelled without any explanations? What could my ex have done?

Thank you.

WYSPECIAL
Moderator

06 Oct 18 #504243 by WYSPECIAL

Reply from WYSPECIAL

If you opened a case with CMS that would have ended the Court Order. That is probably why they are telling you they don't have jurisdiction and cancelled the hearing. They can't vary something thay doesn't exist.

If you have been using CMS you need to pursue it with them as he would appear to have an income.

Income form a pension is assessable.

Income from savings isn't automatically but you can apply for a variation.

Mom77
Posted by
Junior Member

06 Oct 18 #504244 by Mom77

Reply from Mom77

hi, thank you for your reply. The case with CMS was closed more than a year ago. Does it still count? I applied for variation and enforcement of the court order. The didnt even let me speak and present the facts especially that a child is involved.Am absolutely disappointed.

Oh, it is so confusing..

Thank you again..x

Child Maintenance Options
Moderator

06 Oct 18 #504246 by Child Maintenance Options

Reply from Child Maintenance Options

Hello Mom77

You will need to seek legal advice regarding any court procedures that you have ongoing regarding child maintenance payments.

All parents do have the financial responsibility to provide child maintenance for their children and you do have the option of setting up a new arrangement with the Child Maintenance Service.

Either parent can make an application with the Child Maintenance Service. If you do make a new application with their service, it will cancel any legal agreement that you may have previously had in place with your ex-husband regarding maintenance.

If you do wish to make a new application, Child Maintenance Options can provide you with all the details about their service and how to apply. They are an information service designed to provide information to parents about their options for setting up a new agreement for child maintenance.

The Child Maintenance Service is the statutory scheme here in the UK and they can help parents by acting as a third party between the two of you. As you have previously made an application with their service I am sure you are aware if their service, however, I have provided you with a few details about their service below.

They are the Government’s statutory maintenance service and can either calculate your child maintenance, then leave you to arrange payments between yourselves, or they can collect payments and pass them on for you.

The Child Maintenance Service do now have a non-refundable application fee of £20, however, the best way to avoid charges altogether is to set up a family-based arrangement and not use the Child Maintenance Service at all.

If you decide to ask the Child Maintenance Service to arrange your child maintenance for you in the future, your ex-husband's responsibility to pay will start from around the point that he is contacted by them, not from when you first make your application. For further information about putting in place a statutory arrangement and the fees involved with this, you will need to contact Child Maintenance Options directly and all their contact details can be found on their website www.cmoptions.org.

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, you may wish to visit the Child Maintenance Options website yourself.

Regards

William

Mom77
Posted by
Junior Member

06 Oct 18 #504247 by Mom77

Reply from Mom77

William, thank you for your message.
My ex husband has got no job except his savings and pension. As far as i am aware, CMS can not help if he is not working. Or am i wrong?

Tatiana

WYSPECIAL
Moderator

06 Oct 18 #504249 by WYSPECIAL

Reply from WYSPECIAL

Yes they can help.

If he has income from a pension then it is dealt with in the same way as earnings.

If he has income from investments you can apply for a vaiation to assess that income to.

Mom77
Posted by
Junior Member

07 Oct 18 #504254 by Mom77

Reply from Mom77

Thank you so much! xx

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

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