Small Claims Court - Child Maintenance

Ms_Chocaholic

Hi

I used to receive maintenance through a Court Order for my DS (he is now an adult) but the last payment was not received (my ex wrote to say he would be late sending it but it was never received).

My ex then moved to Europe but I understand he is moving back to the UK at some point. Once he is back in the UK, can I make a claim through the small claims court to recover this one month's maintenance payment, even some years later.

Thank you

Ms C xx

marksoton

Silly question... Is it really worth it ?

Sharree

mmmmmmmm.......

Sensemaya

Ms C

Unfortunately child support, both via a court order and via the CSA cannot be collected via the SCC.

It would make life a whole lot easier if it was...like Judge Judy can in the US.

You should have pursued it through your local court at the time.

Best to just forget about it and move on...at least he paid minus the last month.

koolmummy

Yes you would have to go back to the County court and asked for either an attachment of earnings order your ex is employed, or you can make an application for him to be orally examined (he has to give details of his income and expenditure to the court clerk and swear an affidavit) Or, you can apply for a judgment summons which is an order to commit him to prison.

Unless your final payment is several thousand pounds it is really not worth it. You should just move on.

Sensemaya

I suspect Ms C is well out of time.

Ms C is a respected member of MSE. She deserves the truth.Hard as it is.

koolmummy

AAh, the pet shop boys! Just had a light bulb moment!!
Would she be out of time? If the Order was for so many years then would she not have liberty to apply during the life of the order. I may not be right, ancillary is not my area.

Sensemaya

koolmummy wrote: »

AAh, the pet shop boys! Just had a light bulb moment!!
Would she be out of time? If the Order was for so many years then would she not have liberty to apply during the life of the order. I may not be right, ancillary is not my area.

Oh God...you have googled the quote and either come across youtube or the organised religion sh*t. I just like latin. One of my fav plays is "Who's afraid of Virginia Woolf".. Libera Me etc. Mr Burton should have got the Oscar. Nevermind, I digress. ( Still itching to buy it on DVD Reg 1 ..Yep...I have fiddled with my DVD and made it multiregion...Just purchased Divine Madness..Bette Midler..fantastic )

Back to subject. I think Ms C needs to contact her local court.But SCC is a big No - No.

Ms_Chocaholic

Thanks for all your replies.

I'm not particularly bothered about getting the money back but if I could I would, particularly as the excuse he used to delay sending the last payment was purely to delay things whilst he moved to Europe (I was unaware he was moving).

Just heard he is moving back shortly so wondered what I could do. Not bothered that I can't, it's justice enough that he's probably lost enough on the Spanish property market.

kelloggs36

We had this conversation before about Pet Shop Boys, didn't we Sensemaya? Deffo It's A Sin.

Mr_Green_Genes

kelloggs36 wrote: »

We had this conversation before about Pet Shop Boys, didn't we Sensemaya? Deffo It's A Sin.

Are you implying that my very close friend Sensemaya is a sinner?

Frankly, I'm shocked :cool:

:rotfl: :rotfl: :rotfl: :rotfl: :rotfl: