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Can I Claim Child Maintenance?

6 replies

LutonMomma · 13/02/2021 10:53

I separated from my ex husband last year. He refused to move out of the house. We have one child.

We are now divorced, he is still in the house but we have agreed a consent order that he moves out within the next 6 months.

He’s absolutely vile to live with. He’s dragging everything out and is hell bent on making me miserable. I’m just biding my time. Once this order is signed he’ll get what’s coming.

I was thinking about child maintenance. Obviously he’ll have to pay it once he goes but does he have to pay now? He currently pays half the mortgage and bills but does his own food shopping for himself. I asked him to lay half school uniforms last year, he asked for receipts, deliberated for 2 weeks then gave me less than half. He doesn’t contribute towards any of our childs food, hobbies, childcare etc. Can I claim as soon as he signs the order? And can I backdate it to May last year?

OP posts:
prh47bridge · 13/02/2021 14:08

The consent order needs to be sealed by the court. If it covers child maintenance, you cannot refer the matter to the CMS until 12 months after the order. If the consent order doesn't cover maintenance, you can go to the CMS once he's moved out. You can't backdate a maintenance claim.

Sankruk · 21/02/2021 05:09

Does anyone know if child maintenance counts as income for legal aid eligibilityassessment?

Ffsffsffsffsffs · 21/02/2021 05:25

@Sankruk

Does anyone know if child maintenance counts as income for legal aid eligibilityassessment?
Legal aid is not given based on income these days, depends on the full eligibility criteria such as dv.
Ffsffsffsffsffs · 21/02/2021 05:27

OP you can't backdate a cms claim.

Does your consent order include cm? If so you can claim cms a year and a day after the order was made.

Do you both live together still?

MooseBeTimeForSummer · 21/02/2021 05:31

Yes it does. It is all sources of income. Unless you are receiving a passported benefit that makes you automatically eligible.

Sankruk · 21/02/2021 12:48

Thank you for your reply. I am just about eligible for legal aid contribution based and I do have DV evidence. My ex offered to pay child support, completely out of character. However if child support counts as income and I accept his money I will cross the threshold for legal aid and won't be eligible anymore

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