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ExH has halved child maintenance with no warning

44 replies

DtPeabodysLoosePants · 03/02/2020 07:14

My abusive exH has halved the maintenance he pays each month. It's goes in on the 3rd of the month. He earns £35k and doesn't have the kids at all due to abuse. This is a new arrangement though. I now can't pay the rent in full this month and feel sick.
It's a private arrangement so I'll need to go through the cma. How long does this take?

OP posts:
Veterinari · 03/02/2020 07:23

What does he usually pay you?

Have you been in touch to tell him that the rent can't be paid unless he contributes and he's risking homelessness for his DC?

DtPeabodysLoosePants · 03/02/2020 07:37

I don't have contact with him apart from via the solicitor due to his abuse. He has abused one of the dc recently and therefore the police have been involved and contact stopped. We are awaiting a court date. He will not have thought beyond punishing me for stopping contact.

OP posts:
AJPTaylor · 03/02/2020 07:42

The only thing you can do is start csa claim today. Was he paying more than the amount on the csa calculator?

DtPeabodysLoosePants · 03/02/2020 07:46

He was paying £400. He has 2 other kids but says he doesn't live with his gf although he does so I'm not sure how to work it out.

OP posts:
timetest · 03/02/2020 07:48

It took the cms about 5/6 weeks to deal with my daughter’s claim.

Saladd0dger · 03/02/2020 07:51

Cms took 3 weeks for my claim. Start it today op

itsgettingweird · 03/02/2020 07:56

Start the case claim today.

Check UC etc and whether the payment means you can get more help with HB.

Be honest with your landlord. Pay the amount you can and show them the CSa claim that's started and ask for an agreement about paying back any underpayment.

I'm not sure if you're HA or council but mine is actually a weekly rent so when I've been short at beginning of month I've paid a few weeks and topped it up middle of month when CTC comes in.

DtPeabodysLoosePants · 03/02/2020 07:59

Thank you. I'll phone the cma today. I've just been swapped over to UC and won't get my first payment for another 10 days which doesn't help. I rent privately and have been here 11 years and never been late with the rent. He's such a bastard.

OP posts:
LangSpartacusCleg · 03/02/2020 08:04

If you have had the same landlord for 11 years and never been late with rent, I would hope and expect them to be understanding.

I suggest you telephone the landlord and explain the situation and tell that you will make a part payment (rather than waiting until you can pay in full).

I hope this is resolved quickly for you

Jojo19834 · 03/02/2020 08:09

Agree with PP that if you have been paying on time for 11 years then your landlord will probably be very understanding. Talk to them. And as suggested, considered part payment and offering a payment plan to clear to prevent severe arrears mounting. Can’t comment on rest but your previous history should work for you so try not to worry too much on that and focus on dealing with csa etc

tattychicken · 03/02/2020 08:11

You can get an advance payment on your UC. Have to pay it back obviously but it might tide you over until your payment comes through.

DtPeabodysLoosePants · 03/02/2020 08:17

I've already had an advance but I didn't take the full amount so I could request some more. It's my eldest's bday next week and I feel shit that I can't do anything for her birthday now. I'll make it as special as I can and she'll understand. It just makes me feel shit.
I hate him so much.

OP posts:
BammBamm · 03/02/2020 08:25

This is what he would pay through CMS based on an income of £35,000, his other two DC and assuming you have 2DC)

ExH has halved child maintenance with no warning
DtPeabodysLoosePants · 03/02/2020 08:27

He pays his gf £200 but lives with her. He says he doesn't but he hasn't been to his mum's in years (which is where he claims to live).

OP posts:
AJPTaylor · 03/02/2020 08:34

As pp says, you would get 276 via the cma but less, about 230 If he says he lives with her and she has resident kids.
It's such a nightmare but I think that this is the reality.

butterpuffed · 03/02/2020 08:40

Presumably Housing Benefit is part of your UC ? If so, get in touch with the council and ask if you can get a Discretionary Housing Payment.

ivykaty44 · 03/02/2020 08:43

If you’re on UC you can go to the council and put in a claim for DHP

Do this today, as often there is a backlog. Put all your expense down and hand in with 2 months bank statements which will show your maintenance has halved

Can you talk to your landlord?

Bibidy · 03/02/2020 09:01

He was paying £400. He has 2 other kids but says he doesn't live with his gf although he does so I'm not sure how to work it out.

Are his 2 other kids with his girlfriend?

I think you might need to prepare yourself for him paying less as on his wages £400 is a lot more than CMS would have him pay for 2 kids when he has another 2 as well.

user14928465 · 03/02/2020 09:09

Have you been in touch to tell him that the rent can't be paid unless he contributes and he's risking homelessness for his DC?

It says in the op he's abusive. He would probably be delighted to be told he still had that much power over their lives. I would expect it featured in his decision.

DtPeabodysLoosePants · 03/02/2020 09:25

He'd be delighted that I'm now struggling. The judge will be even less impressed with him now. I'll sort the rent, I just hate being in this position.

OP posts:
DtPeabodysLoosePants · 03/02/2020 09:31

Yes the other 2 kids are his with his gf.

OP posts:
megletthesecond · 03/02/2020 09:33

My CSA claim took six weeks. It should work if they can find him and he's in stable employment. My XP doesn't see the dc's either.
I realise I'm in a tiny minority though.

DtPeabodysLoosePants · 03/02/2020 09:48

He's been with the same employer for over 20 years so he's easy to find. His official address is different to his actual address but that should t be a problem as I can give both.

OP posts:
DtPeabodysLoosePants · 03/02/2020 11:30

I'm on hold to the child maintenance service now in the hopes of getting this sorted. I anticipate I will get less this way but at least I can plan for that rather than finding out just before the rent is due.

OP posts:
PatricksRum · 03/02/2020 17:17

I geta different calculation from pps
What did csa say

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