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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.

Ex never ever paid child maintenance but is getting big payout

6 replies

LandOfLightAndHappiness · 30/07/2024 18:31

Sorry not sure the best place to post this but need some advice.

My ex was abusive and I succeeded in getting injunctions against him. I have 3 young children and have supported them completely on my own since 2019. He lives a fair distance away, doesn't see them and is claiming benefits saying he doesn't work. I am led to believe this is untrue - he's in the building trade and so I think gets paid cash in hand or goes into his girlfriends account.

I have chosen not to pursue this as tbh I just wanted to build a life for myself and my children. I have managed to work as hard as I possibly can to financially provide for my family. Its been a huge struggle mentally and physically but I'm so proud of myself for achieving this. Freedom from his control was worth more than whatever pennies the CMS would give us.

However in the next month I have been made aware that he will have 60k going into his account through a house sale.

Does anyone know whether I will be able to claim anything at all for unpaid child costs if I contact the CMS now? Or will this 60k be disregarded? My sense is that the money will be moved pretty quickly after its gone in to continue evading paying for his children.

Does anyone have any experience with a situation like this?

Thank you so much

OP posts:
LemonTT · 30/07/2024 19:11

They won’t be able to get you a share of the payout. They can assess the savings as a capital sum earning interest and therefore income. They assume an 8% return- which would be c 5k income pa. You would get a few hundred pounds per year and not much per week. But if it is the proceeds from the sale of a house and is being put into another home it might not be considered at all.

Mrsttcno1 · 30/07/2024 19:30

If it is the proceeds of a house sale then it is irrelevant for CMS unfortunately OP. I would still advise putting a claim in though, at some point he will surely have to work and be paid to his bank

TippledPink · 30/07/2024 19:34

It could support with arrears but wouldn't be counted toward future payments or as income. They took some funds direct from my exes bank account to pay off some of his arrears. So if it has already escalated to this point with his arrears they may well freeze and take it.

LandOfLightAndHappiness · 30/07/2024 19:48

Many thanks for your replies.

I may call the CMS and raise it with them then but not have any expectations on getting anything.

Got this far without him and so am determined to continue building a better life for my children regardless.

Thanks again

OP posts:
Teflonslopeyshoulders · 31/07/2024 00:02

From the responses you have had,, it does not sound like you will receive much money. That being the case, I would let things be and not stir the hornets nest. If he is abusive and has no dealings with you or the children, enjoy the life you have rather than gain a small pay out and suddenly find he pops back up into your life again and cause problems.

LandOfLightAndHappiness · 31/07/2024 11:38

Many thanks for this. Last night i actually started thinking exactly that, thinking it's not worth it as grating as that is with him not providing for his children. But my peace of mind is worth far more than any money I realised.

OP posts:
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