My daughter's father stopped paying maintenance in February as the court order was badly worded - previous thread and after advice went to the CMS who started action. The father then said he would pay an amount which I could accept - I was notified of this through the CMS who said it despite him being extremely well off they would say he had to pay £7.50 per week as he was on a pension and so that was a default payment and so as a result of his offer would I drop my claim.
I said ok.
After a letter from my ex saying he would arrange payment by standing order as described by the CMS I then got a call saying he had started a new claim with them and I should get the £7.50 per week. He was now in control and it would not be backdated to when I had made the initial claim as I had dropped that claim. The fact that I had only dropped the claim due to the offer seemed somehow irrelevant.
It has been suggested that I might be able to make a claim through small claims court for breach of contract as I have a letter saying that I would receive this money.
My question is that as my ex stopped paying in February - was this an illegal act on his part - at the time the household was going through a huge amount of stress and although I noticed finances were getting tight I had not realised why as I only get three monthly bank statements so did not immediately go the CMS. Also I had hoped the court would just sort it out for me so it was only after advice that they might not that I went to the CMS. If I go through the small court could I claim for this to be backdated or not? His non payment has had a considerable impact on our finances.
Thanks for any advice