I was in an emotionally abusive relationship.
We have a DC who is 2.
I left the family home 7 months ago because he refused to leave. So he stayed in our mortgaged family home and continued to pay the mortgage and bills.
I stayed at a friend's until I could get UC and a property for me and DC to live in.
I gave up full time work and only do 2 days a weeks when I had our child.
Before this, I always paid half of everything, if not more.
My job has also been hugely affected by Covid and my earnings are nothing like they used to be.
He refused to pay child maintenance for 4 months after I left so I applied through CMS.
He went ballistic cos they went by his previous earnings and not his lower wage in his new job (he got made redundant 6 months before I left him)
Threatened me to cancel it and said he would pay me half of what they calculated he should a week.
I agreed cos he scares the crap out of me.
He has a way of making me believe that everything I do is wrong and I'm going to get Into serious trouble for it.
He's reasoning for not paying child maintenance is cos he is paying the mortgage when I'm legally liable for half of it. Even though I qualify for benefits at the moment and have no spare income and he is loving in the home.
Anyway, my solicitor advised me to set up CM again because the family home is due to sell in a few weeks time, in which case he will have a load of spare income from moving back to his parents and will not voluntarily pay me more then he already is.
I will also no longer be entitled to UC for living costs cos of the capital and equity I will receive (which by the way is nowhere near enough to buy a new home but is too much to qualify for any benefits and I will have to dip into my equity from the divorce to top up my rent payments and bills every month)
Also this is the nitty gritty and why my solicitor advised it. He will not come to a financial agreement and is stalling as long as he can so even though the property has sold, it will be in the conveyancing solicitors holding account until this agreement is arranged. Meaning that I can't access the money but I still don't qualify for any benefit help.
So I will be earning £500 a month and trying to find an extra £700 a month to pay my rent and bills until the financial settlement is agreed and the money is released.
So I need what I can get from him to help make my payments (I will unfortunately be relying on family help to make up the rest which I will have to pay back)
He is now sending me threatening messages again, filling my head with stuff about getting into trouble and that he's paying the mortgage etc. Saying that I haven't told CMS this and they now want to talk to me and he's calling the police cos this is harassment. I did explain everything to CMS and they still came up with this calculation.
He has also been doing alot of overtime and isn't being honest about what he's been earning which Is why I think he doesn't qualify for them to re-adjust the calculation cos it's not more then 25% change in his previous earnings. Hence why he's coming at me at all angles to cancel it.
Am I wrong. I have no idea if I'm wrong or doing this wrong. I've never had to do this before and it's all so scary.
Someone please advise