So ex partner and father to our 2 DS has decided to stop making maintenance payments for our kids who live with me 10 days/nights a fornight. Maintenance and childcare arrangements all agreed and signed via agreements with solicitors, but no consent order. He isapparently too hard up (methinks upcoming nuptials to new partner are getting costly, 6 weeks away, can imagine suppliers need final payments!) but I do not believe that for one minute snd have applied to the CMS now as he cannot stick to the agreements made. Would the agreements drawn up by solicitors stand up in small claims court? I feel I will have a fight with CMS as the CF is self employed AND is a director of his own limited company and takes income as dividends and more than likely claims the benefits of both ltd company and sole trader, and more than likely the odd cash in hand job on the side. In the meantime I am going to have to take out a credit card to live...can I wait til CMS payments to start then take him to small claims for what he owes from before then? CMS cannot claim backpay in these circumstances.
Sorry, not really an AIBU but not sure where else to put!