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    • Hayal1980
    • By Hayal1980 6th Mar 18, 2:39 PM
    • 3Posts
    • 0Thanks
    Legal advice re: non-payment of child maintenance
    • #1
    • 6th Mar 18, 2:39 PM
    Legal advice re: non-payment of child maintenance 6th Mar 18 at 2:39 PM
    NRP was unemployed paying £5 per week for 3 children. Had a letter out of the blue stating amount was going to be going up considerably, presumably because he was working. Was then told he had registered as self employed and earning £100 ish a week. No payment has been made since September 2017 and CMS have warned me that I could be waiting another 8 - 12 weeks and even then, no guarantee can be made that Iíll receive anything. The debt accrued is in excess of £300 and Iím wondering if there is anything I can do legally?? All my local solicitors have said they donít deal with child maintenance cases. So frustrating.
Page 1
    • Hayal1980
    • By Hayal1980 6th Mar 18, 2:43 PM
    • 3 Posts
    • 0 Thanks
    • #2
    • 6th Mar 18, 2:43 PM
    • #2
    • 6th Mar 18, 2:43 PM
    Amount owed is over £3000, not £300.
    • jimd-f
    • By jimd-f 7th Mar 18, 10:03 AM
    • 152 Posts
    • 72 Thanks
    • #3
    • 7th Mar 18, 10:03 AM
    • #3
    • 7th Mar 18, 10:03 AM
    if your case is with CMS then there is nothing a legal representative can do for you except relieve you of money.
    because CMS calculates your entitlement slightly differently from the old CSA - they base there calculation on his gross income for the last tax year-they are in the position of not knowing his income.
    I would assume that they are waiting for him to supply some income figures for his current employment, and hoping he will supply these; hence the 8-12 week scenario.
    however, if he does not supply this then there is little that CMS can do. dealing with the self employed is the one major area where the CMS rules do not help the parent with care.
    now for the reality; if he does not want to be cooperative then the CMS will have difficulty setting an assessment until, and if, he completes a tax return which at the earliest will be January 2019. the debt and enforcement teams will most likely not take action against him over the arrears as they cannot be sure of his financial circumstances and so the most likely thing that will happen is that the earliest you are likely to receive any money will be this time next year unless his circumstances change.
    you should however try to keep abreast of what your ex is doing workwise and if you can find that he changes to a non self employed position make CMS aware asap
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