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Applied for a financial order for me and my children now ex is refusing to pay child support

3 replies

MichelleK3 · 22/07/2018 18:39

Me and my children are living in a refuge and in benefits because of my husbands financial abuse, emotional and psychological abuse towards me.

He had threatened me many times if I apply for a financial disclosure on him he will cut me off and make me homeless but I didn’t think he would stop the children’s money.

He is now refusing to pay any child maintence to me until tbd court orders him to which can take 6-12 months or even longer if he protestes the allegations of abuse which he is going to.

Is this right that he doesnt have to pay anything towards his kids in the meantime? Is there anything I can do? We are struggling because I have nothing, I sm supposed to be moving in to my own a place in 2 weeks and I don’t have any of the furniture, he sold my car, put all our stuff in storage but won’t deliver it now to a secret location either. Obviously I can’t collect it as I have no money to do so hiring a man with a van etc..

He has 2 businesses, trucks, vans and cars and earns a lot of money.

It is obvious he wants to see me struggle and feel lost and desperate without him but it’s only the children that are going to miss out and will have to have charity clothes this winter and cheap school shoes etc

I applied for the financial order because I can’t trust he will pay me each month without string attached, as he always used and uses his financial control over me and wanted something in writing thats legally binding. I didn’t realise however that it could take over a year or that he doesn’t / shouldn’t have to pay anything in the meantime to support his children.

Any advice please? Very hard dark times right now Sad

OP posts:
prh47bridge · 22/07/2018 20:35

You need to apply to the CMS for child maintenance. In general the courts cannot order him to pay child maintenance unless it is agreed between you.

You also need to apply to the courts for a financial order to sort out the split of assets and also, possibly, spousal maintenance. But, in the absence of agreement between you, the courts will only get involved with child maintenance if you have extra expenses that the CMS don't take into account (e.g. school fees or additional costs due to a child's disability) or if he earns more than the maximum amount taken into account by the CMS.

notapizzaeater · 22/07/2018 20:47

Get the cms on to him straight away. Have you claimed all your benefits?

MissedTheBoatAgain · 23/07/2018 06:53

To OP

Speak to a solicitor about an Emergency Maintenance Pending Suit.

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