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Ex refusing child maintenance

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  • BAFE
    BAFE Posts: 273 Forumite
    Part of the Furniture 100 Posts
    Put a claim through the CMS and change the locks.  You have to change the locks don't you, because you lost your handbag containing your address and keys didn't you? :)
  • It may be difficult to remember the details, but don't you have anything in writing that shows what you did agree to? That may be the best thing to do, try and find out all of the details and definitely try and get some advice. Good luck! 
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It sounds as though you may have got divorced but not had a separate financial order. I suggest that you look for your divorce paperwork then contact the court, quote the case number and ask them whether there was a financial order as well. 

    It's unlikely that it dealt with child support as normally, child support s done via the CMS - the court only has jurisdiction where the CMS doesn't apply, for instance for maintenance for step-children or where the paying party lives overseas. Sometimes agreements for maintenance are recorded in a court order but generally this is isn't binding, although there are exceptions.

    So: Step one, find out whether you've actually got a financial order at all.
    If not, apply via the CMA for child support.
    Then, talk to a solicitor about sorting out a financial settlement For which you will need to have full financial disclosure - details of your ex-husbands income, pensions, savings etc - it's not just about the house. 

    If it turns out that there was an order, read it, and if you still aren't clear, speak to a solicitor ot come back here for help in understanding what it means. 
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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