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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Maintenance?

11 replies

Otter71 · 02/01/2022 07:39

I separated 3 years ago and have been divorced 18 months. I have ds20 and dd16. Ex husband bought a place with new partner and her 3 kids in the summer. At that point he kicked dd20 out who moved in with me. I have been in the lounge since as he was not talking to me when the financials went thru and lived with his dad. At 20 he is anyhow an adult so no need to be housed.
Up until now DD16 was 50/50. He is a higher earner, earns 3-4x what I do and has always maintained he won't pay me anything in maintenance. But yesterday she was kicked out ostensibly because she asked his girlfriend if she could keep the noise down as she needed to sleep as she was going to pt Job in the morning while gf was partying with friends. So she was not allowed in on her return next day and called me to pick her up. I am now told dd is not welcome back unless she gets help. Trying to diagnose me as mentally unstable was always his favourite thing too...
So she is still full time education but works one or two days PW. If I have her full time I think I should be able to apply for maintenance but he says not. He also doesn't want to tell me his current income. So it will no doubt take longer.
How long is it likely to take to apply and will they backdate? CMS says can be 26 weeks but I am used to burocracy taking far longer than the published time.

OP posts:
LittleBirdBlu · 02/01/2022 07:43

If your daughter is still in full time education, yes you can claim child maintenance. Go though CMS, you can claim that while she is in full time education until she is 20. Is you ex employed or self employed?

LittleBirdBlu · 02/01/2022 07:45

Just to add they only pay ftom the date you start your claim so get that done ASAP

Gensola · 02/01/2022 07:49

@LittleBirdBlu child maintenance can only be claimed until 18 in most cases, the bits about “full time education until 20” don’t refer to university but to apprenticeships or children who are still doing secondary education at that age, which isn’t the norm for most kids in this country.
But OP you’re absolutely entitled to CM now - I’m sorry you are being treated like this Flowers

LittleBirdBlu · 02/01/2022 07:54

Ah sorry I thought it was until 20 Smile

Otter71 · 02/01/2022 09:26

Ex is PAYE thankfully. Am hoping that makes it easier.

OP posts:
Gensola · 02/01/2022 11:13

Good luck with it all. It shouldn’t be like this! PAYE will def make it easier.

Starlightstarbright1 · 02/01/2022 11:17

Yes apply asap.. like ppsaid claims aren't backdated

unicornsarereal72 · 02/01/2022 11:28

Phone Tuesday first thing and put in a claim. They will find him in HMRC and ask him to pay his way. The claim will start from the day you make the call. The more information you have the better. His name address employer and NI number.

Before Covid I put in the claim at the start of October. He was meant to make first payment December. January they started to apply for deduction of earnings. I got first payment March. My ex then left that job and went self employed.

Over the past 3 years I've had the odd payment but the arrears are adding up. I don't know if I will see any of it but I live in hope.

Blueeyes91 · 04/01/2022 00:27

Good luck with this. If it helps. I used CMS and they had it sorted for me within 2 months!

comfortablyfrumpy · 04/01/2022 09:53

As above, the sooner you call the sooner you'll start receiving money. My claim only took a few weeks, I was surprised.
Good luck :)

FallonCarringtonWannabe · 04/01/2022 09:58

Poor kids! What an arse of a man.

Put the claim in today.

And ignore him when he tries to talk you out of it.

I have been in the lounge since as he was not talking to me when the financials went thru and lived with his dad
Do you mean your son has moved into your bedroom, while you sleep in the lounge, and he isn't even talking to you? I dont understand this bit.

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