I am the parent who would be paid via CMS. The other parent applied for CMS payments to start.
Been divorced 7 years. Court order in another country stated amount to be paid monthly. Moved back to the UK and it has not been paid (paid at 50% instead and he cited ‘different living costs’- well yes, but higher costs!!).
I wavered on the CMS as you click a button to sort of ‘write off’ what has gone before- which in our case is 50k unpaid which would make such a tangible difference to my children’s lives. They find it hard knowing how much we struggle for money.
As we are in court on children’s matters (Cafcass have agreed all children should see him on a very limited basis after a section 7) I think he has panic applied via before we get on to financial matters- if we do.
He has said he sees them 3 nights a week reducing his payments by 700£.
I could
a) set up my account and refute his claims. Even in the current court order his contact time is 1-2 nights per week for them, but will be less in the upcoming ruling in April. I would not be able to claim regarding the unpaid amounts up till now.
b) Close the case and pursue something through the courts?
I genuinely do not understand how I would get financial remedy through the courts. I have barely spoken about money with my solicitor since I applied with a C100 to get a court order on child arrangements, as a section 7 was ordered and rightly we are all focused on the children’s safety. But now I’ve got this call I’m seething that he’s lied and also that he won’t simply pay what he owes the children in order to live, when he must be literally rolling around in wads of cash. He knows the vast difference as he simultaneously sent me an application to get the youngest free school meals based on my salary, while buying himself a new BMW SUV and membership to a club in London 🤪 I’ve recently got a great new job, on the most I could ever earn in my field, but his salary is still 4x mine. He lives in the home we lived in together so his overheads are lower as well, as the country we divorced in doesn’t count pre marital assets, and it was solely in his name.
I had representation for the first hearings but I cannot afford it any more and I’m struggling to see where to find advice which applies to me, as my situation is weird.
What should I do?!
thanks