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Original poster

Maintenance decision going to court

12 replies

Cakequeen1988 · 18/02/2022 19:37

My ex is not paying maintenance. He’s been ordered to by CMS, had a mandatory consideration which resulted in the same and now is taking it to court.

I’m stressed and very worried about losing this maintenance money. Has anyone experienced this? What will happen?

What do I need to prepare? I have contacted various family law firms none of whom say they dead with this! Can anyone recommend anyone?

I’m really stuck and he has arrogance and money on his side (but I’m not entitled to legal aid)

OP posts:
forcedfun · 18/02/2022 19:44

I'm not sure there is anything you can do? It will be CMS taking him to court won't it? So you don't need legal representation. I realise it impacts on you but it is CMS who will be dealing with it

Original poster
Cakequeen1988 · 18/02/2022 19:47

But how do I evidence all he is doing?

An example is I take care of medical care etc and so he has started taking them to the opticians. They already have an optician, he’s doing it to look involved and responsible but it’s all to get out of maintenance

OP posts:
Original poster
Cakequeen1988 · 18/02/2022 19:48

Also it says he can appeal at court so he is taking the case to court, the online info says I’ll be contacted and asked to be involved

OP posts:
prh47bridge · 18/02/2022 22:48

If he is appealing, he is taking the CMS to the Social Security and Child Support Tribunal. You don't need to prepare anything. You can attend the hearing if you wish but you don't have to do so. His case is against the CMS, not you.

The tribunal will decide on the facts of the case and the relevant law. Who pays for the opticians won't make any difference. His behaviour won't make any difference. It will all be about whether the CMS has applied the relevant law correctly.

Original poster
Cakequeen1988 · 18/02/2022 23:29

@prh47bridge that’s really helpful thank you.

Sorry to ask you more questions but does that mean that I can presume that as they have done due diligence and completed the mandatory reconsideration that they are likely to have followed the law this made correct judgements so far?

I am so worried about losing the child maintenance.

Thanks!

OP posts:
RedCandyApple · 18/02/2022 23:30

How do you get them to take it to court? My ex hasn’t paid maintenance in years!

prh47bridge · 19/02/2022 00:33

@RedCandyApple

How do you get them to take it to court? My ex hasn’t paid maintenance in years!
The OP's ex is taking CMS to court, not the other way round. Having said that, the CMS, like the CSA before them, do seem remarkably reluctant to use their enforcement powers at times. All you can do is keep chasing them.
prh47bridge · 19/02/2022 00:37

[quote Cakequeen1988]@prh47bridge that’s really helpful thank you.

Sorry to ask you more questions but does that mean that I can presume that as they have done due diligence and completed the mandatory reconsideration that they are likely to have followed the law this made correct judgements so far?

I am so worried about losing the child maintenance.

Thanks![/quote]
No-one can guarantee the outcome and not knowing the arguments he intends to put forward makes it harder to predict, but I think it is fair to say that successful challenges to the CMS are rare.

Collaborate · 19/02/2022 04:29

Send me a PM. I deal with a number of these cases and it sounds to me like you have a shared care issue.

You should definitely take an active part in the tribunal proceedings. There is guidance in the form of case law that the tribunal must follow.

RedHelenB · 19/02/2022 08:00

@Cakequeen1988

But how do I evidence all he is doing?

An example is I take care of medical care etc and so he has started taking them to the opticians. They already have an optician, he’s doing it to look involved and responsible but it’s all to get out of maintenance

Taking them to the opticiams has no bearing on playing CMS.
luzcasal · 22/02/2022 22:09

@Collaborate , I'm new here, I've shared care, could you help with a tribunal?

Unknown83 · 24/02/2022 21:46

@Cakequeen1988

My ex is not paying maintenance. He’s been ordered to by CMS, had a mandatory consideration which resulted in the same and now is taking it to court.

I’m stressed and very worried about losing this maintenance money. Has anyone experienced this? What will happen?

What do I need to prepare? I have contacted various family law firms none of whom say they dead with this! Can anyone recommend anyone?

I’m really stuck and he has arrogance and money on his side (but I’m not entitled to legal aid)

I don't think you need a lawyer to be honest. Your ex has to pay you maintenance, it's the law. This isn't like a couple arguing over who gets the house or spousal maintenance, this is child maintenance calculated by a formula and fixed in law. They've been told by the CMS to pay it too. Law firms probably won't deal with it because it's unreasonable for them to ask you to pay them fees for a case you are bound to win.

Personally, I don't think you need a solicitor anyway. You need a bailiff!

Also, on a more serious note, what you can do is ask that CMS collects the money on your behalf. He will have to pay them a fee of 20% on top of the maintenance collected and you will need to pay a fee of 4% of the maintenance to them. Potentially threatening him with that will be enough.

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