Ex refusing to pay Child Maintenance - HELP!

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pilliepop
pilliepop Posts: 26 Forumite
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in Child support
Hi,

My ex husband earns approx £55k per year working in an investment bank in London but has been off work "sick" since before Christmas. He's now refusing to go back, doubtlessly claiming stress.

He has threatened previously to not pay maintenance to me for our two children (he is supposed to pay me £680 per month), but has always coughed up when I've threatened legal action.

Now he tells me that he will "soon" be moved onto SSP from work and cannot pay me the £680 in maintenance. However, I am sure he is still receiving full pay from his employer and that he's just using this as an excuse not to make payment.

I'm speaking with the CSA to make an application for enforced payment - but if he does go onto SSP, where does this leave me? I'm currently living in rented accommodation with our two children who he sees once every two weeks. I cannot afford to live there without his payments, so I am screwed if his payment doesn't come through.

Would be grateful for any advice!

Thank you,
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  • DUTR
    DUTR Posts: 12,958 Forumite
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    pilliepop wrote: »
    Hi,

    My ex husband earns approx £55k per year working in an investment bank in London but has been off work "sick" since before Christmas. He's now refusing to go back, doubtlessly claiming stress.

    He has threatened previously to not pay maintenance to me for our two children (he is supposed to pay me £680 per month), but has always coughed up when I've threatened legal action.

    Now he tells me that he will "soon" be moved onto SSP from work and cannot pay me the £680 in maintenance. However, I am sure he is still receiving full pay from his employer and that he's just using this as an excuse not to make payment.

    I'm speaking with the CSA to make an application for enforced payment - but if he does go onto SSP, where does this leave me? I'm currently living in rented accommodation with our two children who he sees once every two weeks. I cannot afford to live there without his payments, so I am screwed if his payment doesn't come through.

    Would be grateful for any advice!

    Thank you,

    The contributions are not to keep you in a lifestyle, you won't be put on the streets, but you may have to re-consider where you are currently living.
  • Guest101
    Guest101 Posts: 15,764 Forumite
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    pilliepop wrote: »
    Hi,

    My ex husband earns approx £55k per year working in an investment bank in London but has been off work "sick" since before Christmas. He's now refusing to go back, doubtlessly claiming stress.

    He has threatened previously to not pay maintenance to me for our two children (he is supposed to pay me £680 per month), but has always coughed up when I've threatened legal action.

    Now he tells me that he will "soon" be moved onto SSP from work and cannot pay me the £680 in maintenance. However, I am sure he is still receiving full pay from his employer and that he's just using this as an excuse not to make payment.

    I'm speaking with the CSA to make an application for enforced payment - but if he does go onto SSP, where does this leave me? I'm currently living in rented accommodation with our two children who he sees once every two weeks. I cannot afford to live there without his payments, so I am screwed if his payment doesn't come through.

    Would be grateful for any advice!

    Thank you,


    Age of children?


    Do you work?
  • daddydodo
    daddydodo Posts: 63 Forumite
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    pilliepop wrote: »
    Hi,

    My ex husband earns approx £55k per year working in an investment bank in London but has been off work "sick" since before Christmas. He's now refusing to go back, doubtlessly claiming stress.

    What's with the cycnicism it sounds like a stressfull job.
    pilliepop wrote: »
    Now he tells me that he will "soon" be moved onto SSP from work and cannot pay me the £680 in maintenance. However, I am sure he is still receiving full pay from his employer and that he's just using this as an excuse not to make payment.

    Well if this is the case remind him he has a legal obligation to inform the CMS of any change in salary greater than 25% and they will recalculate the required payment. If you go on to the collect and pay using the CMS they will charge him about 20% more and charge you 4% of his payments.
    pilliepop wrote: »
    I'm speaking with the CSA to make an application for enforced payment - but if he does go onto SSP, where does this leave me? I'm currently living in rented accommodation with our two children who he sees once every two weeks. I cannot afford to live there without his payments, so I am screwed if his payment doesn't come through.

    Would be grateful for any advice!

    Thank you,

    I'm sure he has his own worries about paying his mortgage and losing his house if he goes onto SSP. How long has he worked at his company? Often the rules for company sick pay are 1 week full pay per years' service. Also in this modern world if he is off sick for too long then he will lose his job, pure and simple.
  • DeborahSt
    DeborahSt Posts: 31 Forumite
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    My ex doesn't pay a bean in maintenance so I don't know how the CSA work, though presumably it's based on his income so I guess they'll have to recalculate when that information is forthcoming.


    I would imagine that your tax credits take his maintenance payments into account as income, so these would alter as a result.


    To the other cynical posters... £680 isn't an unreasonable amount for supporting his children & you guys shouldn't assume that the OP is living the high life. He may well have his own financial obligations, but his children are his FIRST financial obligation. I notice nobody suggested that the ex might like to downsize... just that he probably had his own mortgage to pay.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    DeborahSt wrote: »
    I would imagine that your tax credits take his maintenance payments into account as income, so these would alter as a result.

    I don't think that child maintenance affects any benefits.
  • Guest101
    Guest101 Posts: 15,764 Forumite
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    DeborahSt wrote: »
    My ex doesn't pay a bean in maintenance so I don't know how the CSA work, though presumably it's based on his income so I guess they'll have to recalculate when that information is forthcoming. - Indeed. not sure what else you could base it on??

    I would imagine that your tax credits take his maintenance payments into account as income, so these would alter as a result. - Incorrect.


    To the other cynical posters... £680 isn't an unreasonable amount for supporting his children & you guys shouldn't assume that the OP is living the high life. - No-one is saying that. However it's not unreasonable to alter ones lifestyle to suit ones income. He may well have his own financial obligations, but his children are his FIRST financial obligation. I notice nobody suggested that the ex might like to downsize... just that he probably had his own mortgage to pay.



    It's unlikely that he would be earning a high wage, or any wage, if he was homeless.....
  • pilliepop
    pilliepop Posts: 26 Forumite
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    Thank you DeborahSt for your kind reply. I hadn't replied until now because the other comments honestly made me feel like crap. But it's good to see there's one lovely person on this forum. .

    Yes, my ex husband has a good income. But to those who have replied above - I also work full time and earn £30k plus per year. I live in a modest rented house which is in an expensive area but have to live there because it is where my kids go to school and they have to walk there and back everyday so that I can commute into London.

    I am not expecting a free ride or for my ex husband's maintenance payments to keep me in a certain lifestyle. I work bloody hard just to put food on the table! So maybe the next time you all reply to a thread you may want to consider you don't have all the facts! Not everyone is expecting their ex's to support a 'lavish' lifestyle! Some, like me, just need help to raise their kids - which is hard enough on my own!
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    pilliepop wrote: »
    Some, like me, just need help to raise their kids - which is hard enough on my own!

    And both parents have a responsibility to the children, not just the parent who has day-to-day care.
  • Guest101
    Guest101 Posts: 15,764 Forumite
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    pilliepop wrote: »
    Thank you DeborahSt for your kind reply. I hadn't replied until now because the other comments honestly made me feel like crap. But it's good to see there's one lovely person on this forum. . - People don't agree with you and therefore are 'horrible'?

    Yes, my ex husband has a good income. But to those who have replied above - I also work full time and earn £30k plus per year. I live in a modest rented house which is in an expensive area but have to live there because it is where my kids go to school and they have to walk there and back everyday so that I can commute into London. - Excellent.

    I am not expecting a free ride or for my ex husband's maintenance payments to keep me in a certain lifestyle. I work bloody hard just to put food on the table! So maybe the next time you all reply to a thread you may want to consider you don't have all the facts! - the only facts people have, are those that you provide. If you choose not to share, don't be surprised by the answers Not everyone is expecting their ex's to support a 'lavish' lifestyle! Some, like me, just need help to raise their kids - which is hard enough on my own!



    I think part of the problem was your reasoning that your ex would go off 'sick' to spite you.
  • DeborahSt
    DeborahSt Posts: 31 Forumite
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    Mojisola wrote: »
    I don't think that child maintenance affects any benefits.


    My mistake... I assumed (apparently incorrectly) that household income affected the amount of tax credits received. I didn't realise that child maintenance wasn't included as I don't receive any.
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