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Court ordered child maintenance

5 replies

beckyvardy · 17/11/2019 09:15

Can anyone tell me about court ordered child maintenance payments?

What happens if they are not paid? Can the court do anything?

Is the debt enforceable? Are there consequences for the non payer?

I've looked online and it all just seems wishy washy.

Any information would be great please.

OP posts:
StrongerThanIThought76 · 17/11/2019 09:43

As far as I remember you can apply to CMS after 12 months even if it is a court order - although if it includes an element of spousal maintenance you can't overturn this part.

Yes the order is legally enforceable.

What are the full circumstances OP?

beckyvardy · 17/11/2019 19:08

Ex is self employed.

Opened and closed companies and not submitted accounts to avoid paying CMS. Has openly admitted this.

I contested the amount, he appealed, I appealed and we went to court.

Final court Hearing next month for the court to confirm what he has to pay.

He has been requested to provide all of the financial info for his companies and he hasn't so I realise the court will make the decision on the amount.

Just wondering what happens if he ignores that.

I realise he can contest it again in 12 months. Do I have to go back through this process then?

OP posts:
spongedog · 17/11/2019 19:32

After my experience of maintenance through the (incompetent ) family courts and ex's attempts (successful) to overturn after only 3 years for a primary aged child - I would always now recommend asking for a higher % of assets.

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beckyvardy · 17/11/2019 19:40

There are no assets.

OP posts:
spongedog · 17/11/2019 19:47

Then why is it court ordered maintenance rather than CMS? Mine was through the courts due to high levels of earnings and assets.

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