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Can I take my ex to the small claims court for maintenance arrears?

(7 Posts)
LadyMaryChristmas Thu 17-Jan-13 11:30:54

I've had one payment since May 2012 and he's doing this as a punishment because he doesn't feel appreciated hmm (I've raised ds by myself since birth and never had so much as a thank you from him!).

He doesn't live in the UK so I have to fill in a REMO and take him to court which is going to take ages. Ds has problems walking and I have to magic up some money to buy him some boots. I'm trying to be very reasonable but his father is ignoring my emails/calls. There's a solicitors letter on its way to him but I know that he'll ignore this as well. The CSA are not interested (because he's in Ireland), they did an assessment ten years ago and, as things were amicable then, we sorted out the payments ourselves. It would be so much quicker if I could take him to the small claims court, ds is in a lot of pain when he walks and I just don't have the money to buy these for him. sad Can I do this?

Collaborate Thu 17-Jan-13 12:40:54

No. Maintenance orders are enforeable through the family courts.

You'd have to enforce it in Ireland anyway, hence REMO.

LadyMaryChristmas Thu 17-Jan-13 13:40:25

It's not a maintenance order, it's arrears of maintenance. He's been paying via standing order for 9 years, the CSA only did the original assessment so there's no order in place. REMO is going to take months. sad

Thank you for answering. smile

Collaborate Thu 17-Jan-13 13:43:51

It's not enforceable then. Good luck with REMO.

LadyMaryChristmas Thu 17-Jan-13 13:51:36

Thank you. I'm still waiting for them to email me back from the start of December. confused

cestlavielife Thu 17-Jan-13 16:32:12

get physio to order boots eg piedro boots for him on nhs

if they refuse get it in writing and ask family fund/charities if is medical need

LadyMaryChristmas Thu 17-Jan-13 17:27:15

smile I hadn't thought of that, thank you. The orthotics ladies he saw last week said his feet were the worst they had ever seen and he's going to be in a great deal of pain. When he stands they flatten out as the ligaments don't keep the bones together properly. He has a physio appointment at the end of the month so I'll ask then. I tried to apply for DLA for him a couple of years ago and they turned him down as 'he can actually walk' hmm (pain and falls into the road were irrelevant). I have another form but I don't want to make him wait like this.

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