Private Child Maintenance - ex losing job- help

[whycantitbecalm]

Ok you wise lot:

I have posted previously but theres so many questions i have: help!

Facts:
Divorce and Financial order was granted Nov 23
We have a private CM arrangement, more fool me.

Dec 23 ex announces out of the blue to me he's being made redundant.

Ex was emotionally and physically aggressive to myself and kids, so him paying with time instead of money is not an option.

He is getting pension payments which are considered income that he lied about receiving and says all payments will stop this month.

Questions:

1. Who should i speak to about this? Solicitors? CMS

1. Can i apply for an order with the cms within first 12 months of divorce if we don't have one with them already? I know we couldn't if we had one with them

1. When he gets a job should he be reimbursing me for missing payments?

1. Why do i feel like a cow for asking him about all this? Like i'm in the wrong.

I'm not an expert, and I'm sure some lovely MNers with more experience will give advice soon.

I think: Speak to CMS about maintenance, but if he isn't employed then I don't believe he has to pay. I don't think they take it out of pension income, but someone can confirm, and I'm sure a quick goggle will answer this. Similar, once he has a job there is no "back pay" as such.

Talk to solicitor about hiding his pension, if this wasn't declared in the divorce.

Don't feel bad about taking the steps you need.

you can open a case with cms
hell have to declare income ( but redundancy pay/capital won’t be considered)

1- cms
2- yes
3-he’ll only have to pay per assessment and start date of that they won’t back date periods where claim was not made or nil assessment made

I'm fairly sure that pension payments count as income for the purposes of CMS assessment. May or may not be helpful, depending on how much he's getting in pension. Get a claim in now with CMS because as others have said, it's not backdated. And arrears don't accrue during a period someone has a nil assessment because they don't have a job.

Thanks everyone, i've just called CmS and i can apply - woohoo! And yes his pension payments DO count as taxable income

Yay! Really happy to hear this for you. Also super useful to know about the pension payments being counted (thanks for updating). I'll remember this for future.