Emergency court order for payments for child maintenance?

[januarycat]

Does this sort of thing exist? h has stopped paying for everything. Im a sahm. he is a high earner but with high expenditure. We have always lived in separate houses. He used to pay a mthly amt into my account. he is still paying mortgage & bills for the house he lives in.

Im not sure where i stand legally.

Is there a child maintenance agreement included in a sealed consent order settling the finances on divorce? If not, the Child Maintenance Service now usually has jurisdiction for child support and the courts don't have the powers to impose an order for child maintenance or a variation. The exceptions are when there are step children, one parent lives abroad or children over 18 in education. However the courts can order payments over and above the Child Maintenance Service calculation if the non resident parent earns more than the capped amount of £3k gross per week, to cover expenses related to a child's disability or for school fees.

If child maintenance was included in a consent order you can apply to court to enforce payment of any arrears. Once a consent order is 12 months old either party can apply to the Child Maintenance Service and the order will cease to have any effect with regard to child maintenance.

On the other hand when there is no child maintenance agreed in a consent order you would need to apply to the CMS for a calculation and child support can't be back dated to before the non resident parent is notified, or rather two days after.

Does your husband pay the mortgage and bills for the former matrimonial home? If he does he may not be able to afford them and child maintenance although if he is a high earner and you are struggling financially you may be able to claim maintenance for yourself until a settlement is reached and the divorce suit is completed. A solicitor in possession of the details is in the best position to advise where you stand and what options there are.

watching with interest.

Thank you STIDW. Its complicated, as we haven't officially separated yet. Will go back & reread your post now.

Thanks babybarrister for recommending that website, very useful. I have an appt nxt week with a solicitor & she is on it & specialises in domestic abuse.