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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.

Always worth keeping a cm case open?

10 replies

SpinningFloppa · 21/02/2023 20:24

I’m starting to think it’s pointless claiming child maintenance so are there any other positives to claiming other than actually get any money as I’m not getting anything for my children. My ex is long term unemployed with no intention of ever working and hasn’t in 6 years. I worked it out and by the time my youngest is 18 we would have only received £4300 that’s in 13 years (unless I’ve worked it out wrong!) that would then need to be split by 4 kids so just over £1000 each by the time they are adults. He is not paying it anyway despite being on benefits as they can’t take anything from him. There are arrears but doubt we will ever see them and he doesn’t have to pay arrears whilst claiming benefits so even if payments did start again he wouldn’t have to pay any arrears, so are there any other positives to claiming maintenance I can’t think of that actually makes it worth keeping the case open? (He will never work so other than that)

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MillicentTrilbyHiggins · 21/02/2023 20:26

I'd keep it open. At least that way, if he ever comes back into their lives and tries to claim he did pay/tried to pay and you didn't let him, you can prove him wrong.

And there's always a chance he'll get a job. Slim, but you never know.

SpinningFloppa · 21/02/2023 21:03

Tbh I was optimistic 6 years ago that he would get a job and that was why I opened it thinking well he would have to work one day, I gave up hope that would ever happen. As long as he is liable for cm he will not work. I have letters which show he has not paid so he cannot lie.

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YetMoreNewBeginnings · 22/02/2023 17:41

I’d keep it open.

I briefly worked for CMS (it was horrific) and had a few cases where someone ended up having to pay their arrears because their circumstances changed.

Also dealt with three cases where arrears debt was paid from estates when someone died unexpectedly. In all three it was the only thing the children involved benefited from.

SpinningFloppa · 22/02/2023 23:27

Unfortunately he has nothing, no estate nothing at all. I think I’m going to give up on it £1000 per child by the time they are 18 just feels really pathetic, that’s if we ever see it anyway.

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Crispynoodle · 22/02/2023 23:33

I kept mine open out of principle eg not letting him off the hook my DC are 36 and 34 now...still open!

TheShellBeach · 22/02/2023 23:35

SpinningFloppa · 22/02/2023 23:27

Unfortunately he has nothing, no estate nothing at all. I think I’m going to give up on it £1000 per child by the time they are 18 just feels really pathetic, that’s if we ever see it anyway.

He might inherit something though.

SpinningFloppa · 22/02/2023 23:37

Both parents passed away when he was younger.

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SpinningFloppa · 22/02/2023 23:40

Crispynoodle · 22/02/2023 23:33

I kept mine open out of principle eg not letting him off the hook my DC are 36 and 34 now...still open!

Surprised it's kept open I would have assumed it would close when they are adults? I'm guessing they no longer chase any arrears?

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YetMoreNewBeginnings · 23/02/2023 07:00

SpinningFloppa · 22/02/2023 23:40

Surprised it's kept open I would have assumed it would close when they are adults? I'm guessing they no longer chase any arrears?

They stop chasing, and often will try and close cases, but they can be kept open.

It depends on how you feel. You could keep it open. He can explain to any new partners why he can’t change his job to a legit one or ever have property that could be charged against.

Or if he wants to do that he can pay back his children what he dodged when they were little.

SpinningFloppa · 23/02/2023 10:12

That's the thing the amount is so petty I couldn't even keep it open to Just to 'shame ' him because it would be £4000 not really shaming anyone with that not like in 13 years he will owe a substantial amount. Really trying to think of any reason to leave it open that actually makes it worth it. Rather than just letting it go and letting go of any resentment every time they send me a letter saying they haven't received payment...again!

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