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Legal matters

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Unpaid child maintenance

7 replies

Zanatdy · 14/04/2023 08:30

Hi all

Does anyone know if I can persue unpaid child maintenance through the civil courts? The amount is in excess of 160k. Never married so no legal maintenance order and only ever verbal asks etc, but only time any was paid was £200 (well under what he should have paid) for 2yrs. Am I wasting my money or should I pay for an appointment with a solicitor? At this point I’ve pointed out he should have paid but never formally asked for the sum owed (various reasons). Thanks

OP posts:
CornishTiger · 14/04/2023 08:32

Why have you not gone CMS? Clearly private arrangement isn’t working?

Aerosarethebest · 14/04/2023 08:32

In the UK you need to open a claim with the Child Maintenance Service. It makes no difference that you weren’t married. As far as I know they don’t back date claims but they will persue unpaid maintenance from the date of the claim.

Isiteveningyet · 14/04/2023 08:34

What country are you in? I’m assuming it’s not the uk as everyone knows it’s via cms

Isiteveningyet · 14/04/2023 08:35

Also 160k for 2 years?

Zanatdy · 14/04/2023 12:02

Sorry 12 years not 2. It would have to be a legal case not CMS, has anyone persued this via courts?

OP posts:
Coraline353 · 14/04/2023 12:04

What is the basis of the legal agreement? Do you have any kind of legally binding order or agreement documented and signed? You can't pursue people through the courts for something that's not formally agreed or in place.

prh47bridge · 14/04/2023 14:12

There is no basis on which you can pursue him for backdated maintenance. You don't have a court order, you don't have a legal agreement and you haven't used the CMS. Verbal asks are not enforceable. He doesn't owe you anything, I'm afraid.

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