Child Maintenance Family Arrengement

SheDad65

My ex is threatening to take me to the small claims court for what they allege are arrears of Child Maintenance for historic payments. I made monthly payments without fail based on the calculator on shared care on the Child Maintenance Service website. I understand Family Arrangements are not legally enforceable and there was no court order either for custody or maintenance.  I believe it is a totally malicious claim and is meant to intimidate me into paying more my questions are a) is this legal and b) is it an appropriate claim through the small claims court?

tacpot12

It's not legal to harass you about this, and threatening to take you to court when they have no valid claim is harassment. Have a look at this link if you want more information about this: https://www.citizensadvice.org.uk/law-and-courts/discrimination/taking-action-about-discrimination/taking-action-about-harassment/#:~:text=Harassment is both a criminal,person in the civil courts.

Any informal arrangement can't be enforced, and the County Court should reject her application if she tries to take you to court.

It would be worth asking her for evidence of what payments have not been made. She would need this to go to court (if this were allowed), she would also have to sent you a Letter before Action where she sets out the amount she is looking for. She needs to be able to substantiate this amount to the court.  You might also ask her what she believes the agreement was and which bit you haven't stuck to. 

If your children are past the point where the CMS would get involved if she asked them, I would tend to ignore her. If the CMS could become involved, it might be worth trying to come to some compromise to avoid the CMS getting this.

SheDad65

Thank you tacpot12. The threat is to go to the "small claims court" which is an online claim form but does involve a fee. From what I can see everything on the internet suggests that Family Arrangements are not legally binding, regardless of this I paid every month via a standing order. The issue is the ex now claims I should have paid a higher rate and used a higher reckoner giving the ex more of the shared care on the CMS calculator - although this was not the original case. We had an almost 50/50 shared care arrangement which broke down after the ex realized they'd get more if there was no shared care arrangement.  The CMS were involved by the ex after 3 years and yet again, I have paid everything they advised as they always find for the Claimant.   The CMS arrangement has all just finished as the children involved are now at university.  I am hoping the Small Claims Court would just throw this out but it is really causing me some stress!

tacpot12

Even if your ex can show that your informal agreement was that you would use the higher reckoner, she can't enforce this agreement as it was informal. She will be wasting the fee if she starts an online claim. 

Unless the CMS made an error with their assessment, it would not be possible for her to seek any more money via the CMS, and as the CMS arrangement has finished, they will not make a new assessment.

 

ZaSa1418

If you paid what the CMS said you had to pay and can prove it e.g. bank statements then ignore your ex and let them waste their money

TBagpuss

ZaSa1418 said:

If you paid what the CMS said you had to pay and can prove it e.g. bank statements then ignore your ex and let them waste their money

This. If need be, contact the CMS and ask them to confirm in writing that there are no arrears and that you do not owe anything. 

celblog88

Child maintenance cannot be backdated. When she involved the CMS and they made an assessment you met your obligations and she hasn't a leg to stand on.