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Divorce/separation

Child Maintenence

4 replies

toniAAA66 · 13/04/2017 12:32

My husband is not paying Child Maintenance sufficiently or regularly.
The CM Agency are attempting to make him, but it's proving a long drawn out process and I'm not impressed by their performance.
I am considering taking the matter to the small claims court, to see if they can resolve it.
Has anyone else done this?
I'd appreciate hearing of your experiences.

OP posts:
MrsBertBibby · 13/04/2017 13:24

The court has no relevant jurisdiction.

toniAAA66 · 13/04/2017 14:15

Why is that?
He owes money to his family (the amount having been determined by a proper agency) and he hasn't delivered.
The small claims court deals with all sorts of personal debt issues, so why not this one?
Has anyone else tried the SMC?

OP posts:
MrsBertBibby · 13/04/2017 18:05

I appreciate it's frustrating, but if you try to start enforcement proceedings in the county court you will not be able to proceed. CSA/CMS maintenance can only enforced by them.

Why? Because that's what the law says.

JanetBrown2015 · 13/04/2017 18:57

Yes, I've always thought it was a dreadful dreadful rule. Any other debt you can just sue, win, send in bailiffs and bob's your uncle but as it's money for children the state says it must be done via the CMS to enforce it and then they went and wrote off absolutely masses of money owed to chidlren and mothers when the CSA was replaced as if they did a massive bonfire of all those notes of money owed to women. Absolutely disgusting carry on.

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