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  • FIRST POST
    • Maureen43
    • By Maureen43 29th Aug 17, 8:14 AM
    • 474Posts
    • 633Thanks
    Maureen43
    Claim through Child Maintenance Service
    • #1
    • 29th Aug 17, 8:14 AM
    Claim through Child Maintenance Service 29th Aug 17 at 8:14 AM
    Hello All

    I've been divorced for four years, with a consent order in place determining maintenance. The ex has always been fine with payments but now intends to reduce what he pays as it is "more than you need to bring up our son".

    This clearly breaks our consent order but I have seen a solicitor and she says a) it will cost me thousands to take it to court, and b) judges usually refer all maintenance cases to the CMS these days.

    My son is 16.

    So, I think I am going to need to open a case with the CMS so I can get some certainties about payments, whatever amount they decide I should get. I have a few questions though:

    1) Are there any disadvantages to going through the CMS? It all sounds very official.

    2) Will they ask him for his income or will they just get the details from HMRC?

    3)Do they include bonus payments in their maintenance calculation? He gets a sizeable bonus every year, although this is not guaranteed.

    4) I believe that, through the CMS, he will have to pay maintenance until 18 or till the child finishes A Level equivalent education. Is that right? It's an important point as he says he will stop paying maintenance on the day my son turns 18, whereas he will actually be doing a course (non advanced) at college until after his 19th birthday.

    5) Am I right in saying that, if he doesn't pay me directly through the CMS, I can escalate the case so that it comes directly out of his pay?

    6) How long does the whole process of making a claim take?

    7) Does the CMS look at claims for 16 year olds or does their jurisdiction stop at 16?

    Thanks all. Feeling a bit fed up and bewildered so would appreciate some guidance!

    M
Page 1
    • CuppaTea
    • By CuppaTea 29th Aug 17, 8:26 AM
    • 755 Posts
    • 5,734 Thanks
    CuppaTea
    • #2
    • 29th Aug 17, 8:26 AM
    • #2
    • 29th Aug 17, 8:26 AM
    Would you be able to call the CMS directly and ask these questions. That way you get answers from them?
    I'm dealing with stuff.
    • Oakdene
    • By Oakdene 29th Aug 17, 8:37 AM
    • 1,260 Posts
    • 3,175 Thanks
    Oakdene
    • #3
    • 29th Aug 17, 8:37 AM
    • #3
    • 29th Aug 17, 8:37 AM
    I cant answer all your questions but I would say that you need to act quickly as the CMS will only deal with maintenance from the day you submit a claim, i.e. they wont back date it.
    Hiraeth
    • scd3scd4
    • By scd3scd4 29th Aug 17, 8:40 AM
    • 448 Posts
    • 363 Thanks
    scd3scd4
    • #4
    • 29th Aug 17, 8:40 AM
    • #4
    • 29th Aug 17, 8:40 AM
    I would have thought a 16 year old costs more.............I know mine did.


    How does he calculate all this?
    • Maureen43
    • By Maureen43 29th Aug 17, 9:26 AM
    • 474 Posts
    • 633 Thanks
    Maureen43
    • #5
    • 29th Aug 17, 9:26 AM
    • #5
    • 29th Aug 17, 9:26 AM
    I don't think he has calculated anything.

    He just doesn't want to pay what was in the consent order.

    He's earning more than he did then too.
    • Fosterdog
    • By Fosterdog 29th Aug 17, 9:44 AM
    • 3,219 Posts
    • 5,552 Thanks
    Fosterdog
    • #6
    • 29th Aug 17, 9:44 AM
    • #6
    • 29th Aug 17, 9:44 AM
    Has the level he has been paying above the minimum? How much is he planning on reducing it? Does he buy things for your son (clothes, school supplies, pocket money, pay for clubs or activities)? How often does your son stay with him? Does your son have an after school job at all?

    The only disadvantages to using the CMS would be if they say he should pay less than he's offering he chooses to go with that. They also take a cut from both of you if you can't agree to sort it yourselves. If he is offering less that their minimum or you think he may miss payments then it would be worth using them.
    • Rachel83
    • By Rachel83 29th Aug 17, 11:36 AM
    • 273 Posts
    • 470 Thanks
    Rachel83
    • #7
    • 29th Aug 17, 11:36 AM
    • #7
    • 29th Aug 17, 11:36 AM
    The CMS is now not a free service, they will charge on both sides. They alternatively set a rate that's whatever percentage of the earnings and he voluntary pays you directly that incurs no cost. But this is not enforced
    Best bet is to phone them, they can probably send out the leaflets to look through.
    • Maureen43
    • By Maureen43 29th Aug 17, 11:37 AM
    • 474 Posts
    • 633 Thanks
    Maureen43
    • #8
    • 29th Aug 17, 11:37 AM
    • #8
    • 29th Aug 17, 11:37 AM
    By going through the CMS I am hoping for guarantees!

    At the minute I feel he could change what he pays at any time, or stop completely, and I would have no way of challenging it. It is as if paying maintenance is his gift, under his control, rather than something he HAS to pay.

    He has our son every Wednesday night and every other weekend.
    • sheramber
    • By sheramber 29th Aug 17, 11:50 AM
    • 3,740 Posts
    • 2,757 Thanks
    sheramber
    • #9
    • 29th Aug 17, 11:50 AM
    • #9
    • 29th Aug 17, 11:50 AM
    have read of this

    https://www.gov.uk/child-maintenance/overview
    • Guest101
    • By Guest101 29th Aug 17, 12:07 PM
    • 15,142 Posts
    • 14,760 Thanks
    Guest101
    I would do the calculation and offer him to pay that amount
    • Rachel83
    • By Rachel83 29th Aug 17, 12:17 PM
    • 273 Posts
    • 470 Thanks
    Rachel83
    The only guarantee with CMS is that they will charge both sides.

    Also trying to get them to re assess or to even look into payslips is a headache! Also CMS never is guaranteed. He can still stop paying that, or go unemployed/sick then he can stop paying all together. The court order is probably a better guarantee for you.
    • mark5
    • By mark5 29th Aug 17, 12:29 PM
    • 1,191 Posts
    • 809 Thanks
    mark5
    Does your son stay with his dad, if yes how often? (2 nights per week average it looks like but any holidays etc?)

    15% of his pay is the starting point with no overnight stays ( don't include pension contributions in his total pay)

    For example if he earns 30,000 but pays 3000 pension contributions he would pay you about 60 per week.

    Assuming the same earnings but with your son staying with him twice per week average, the maintenance would drop to about 45 per week.

    Do any other children live with your ex ? (they don't need to be his)
    Last edited by mark5; 29-08-2017 at 12:40 PM.
    • Maureen43
    • By Maureen43 29th Aug 17, 2:20 PM
    • 474 Posts
    • 633 Thanks
    Maureen43
    Thanks for all your replies. I've realised that there is a forum specifically for child support queries so will re-post there,
    • MEM62
    • By MEM62 29th Aug 17, 4:24 PM
    • 1,350 Posts
    • 968 Thanks
    MEM62
    Hello All

    I've been divorced for four years, with a consent order in place determining maintenance. The ex has always been fine with payments but now intends to reduce what he pays as it is "more than you need to bring up our son".

    This clearly breaks our consent order but I have seen a solicitor and she says a) it will cost me thousands to take it to court, and b) judges usually refer all maintenance cases to the CMS these days.

    My son is 16.

    So, I think I am going to need to open a case with the CMS so I can get some certainties about payments, whatever amount they decide I should get. I have a few questions though:

    1) Are there any disadvantages to going through the CMS? It all sounds very official.

    2) Will they ask him for his income or will they just get the details from HMRC?

    3)Do they include bonus payments in their maintenance calculation? He gets a sizeable bonus every year, although this is not guaranteed.

    4) I believe that, through the CMS, he will have to pay maintenance until 18 or till the child finishes A Level equivalent education. Is that right? It's an important point as he says he will stop paying maintenance on the day my son turns 18, whereas he will actually be doing a course (non advanced) at college until after his 19th birthday.

    5) Am I right in saying that, if he doesn't pay me directly through the CMS, I can escalate the case so that it comes directly out of his pay?

    6) How long does the whole process of making a claim take?

    7) Does the CMS look at claims for 16 year olds or does their jurisdiction stop at 16?

    Thanks all. Feeling a bit fed up and bewildered so would appreciate some guidance!

    M
    Originally posted by Maureen43
    Welcome to my OH's world. Her children's father has not paid a penny since the consent order expired three years ago (I believe they usually last for one year?) and he is a high earner. He spends precious little time with them either. Unfortunately, it is all too common. I hope you manage to get something sorted.
    Last edited by MEM62; 29-08-2017 at 4:26 PM.
    • MXW
    • By MXW 29th Aug 17, 7:24 PM
    • 454 Posts
    • 215 Thanks
    MXW
    If the payments are under a court order, he cannot suddenly decide he doesn't want to pay it. You can take him to court for non payment, and he has to prove that he is unable to make the payments, by providing financial statements.

    It doesn't cost thousands if you are prepared to do it yourself.... I did it, and have won on several occasions, he has had to pay the original amount of the court order and the back payments.

    You have to be sure that his income hasn't gone down and you will be worse off. My order is until 16 or full time education ceases.

    You will also have to be prepared to provide a full financial statement yourself. I think it's about £30 or thereabouts to pursue in the court yourself.
    • Guest101
    • By Guest101 29th Aug 17, 11:20 PM
    • 15,142 Posts
    • 14,760 Thanks
    Guest101
    If the payments are under a court order, he cannot suddenly decide he doesn't want to pay it. You can take him to court for non payment, and he has to prove that he is unable to make the payments, by providing financial statements.

    It doesn't cost thousands if you are prepared to do it yourself.... I did it, and have won on several occasions, he has had to pay the original amount of the court order and the back payments.

    You have to be sure that his income hasn't gone down and you will be worse off. My order is until 16 or full time education ceases.

    You will also have to be prepared to provide a full financial statement yourself. I think it's about £30 or thereabouts to pursue in the court yourself.
    Originally posted by MXW
    Consent order lasts 12 months
    • Marktheshark
    • By Marktheshark 29th Aug 17, 11:24 PM
    • 5,680 Posts
    • 7,125 Thanks
    Marktheshark
    CMS have a very hard time if the other party refuses to contract with them.
    They are many threads on legal groups advising how to dodge them by refusing consent to contract.
    The court will get results the same day.
    Brexit will become whatever they invent it to be.
    • Engeroosi
    • By Engeroosi 17th Sep 17, 11:40 AM
    • 483 Posts
    • 318 Thanks
    Engeroosi
    Any idea of the costs to bring a court order to court? Using a solicitor.
    • Guest101
    • By Guest101 18th Sep 17, 10:59 AM
    • 15,142 Posts
    • 14,760 Thanks
    Guest101
    Any idea of the costs to bring a court order to court? Using a solicitor.
    Originally posted by Engeroosi
    a court order for what? Child maintenance?


    In essence you cant, that's what the CMS is for.
    • Engeroosi
    • By Engeroosi 20th Sep 17, 7:53 AM
    • 483 Posts
    • 318 Thanks
    Engeroosi
    Solicitor has advised it is possible to make court order for child maintenance as the CAM can't due to parent not being a tax resident in uk.
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