Maintenance help/advice needed

[clpsmum]

Also posted on divorce but though here might be more suitable

My STBXH pays significantly less than the legal requirement for my DC. If I were to go to the CMS how long does it take and can he stop paying the little he pays in between times? I cannot afford to be without what he pays but the CMS calculation would help out so much more. I just don't know what to do can anyone offer advice?

For me it took 4 months because my ex kept ignoring them but it might be quicker for you if your ex is more cooperative. Yes he can stop whilst it’s sorted if he wanted which he may do now that he knows you’ve contact cms, I don’t know your ex though and whether he would only you know if that’s something he would do.

Yes he would definitely stop paying and ignore all letters. I guess it's best to plod along on what he gives me now then. Thank you for your advice x

I would still open the case if it’s going to be a lot more it would be worth it in the end

I would bite the bullet if I were you. Depending on how significant the difference is.

I first applied in the Oct. and direct pay was agreed by the December. He didn't pay so went to deductions of earnings this kicked in in the March. So 3 months first part 3 months second part. This was pre Covid mind.

My ex then left that job and had various self employed contracts. The arrears are adding up and I live in hope one day that I start to see that money 🤷‍♀️. But it is all we have in the circumstances.

But once it is done then you don't have to engage directly with the paying parent further.

I would definitely go through the CMS, they will look at his wages and work out annually what he has to pay. If he doesn't pay then it will add up as arrears and he will still have to pay it to your child, they will also get his employer to pay them from his wages as a deduction of earnings order.

It might be worth going without the amount he is giving you for a few months to get a proper calculation set up, it's definitely worth doing.

It sounds like it is worth doing and the difference is almost £400 a month so it would be a great help but I just cannot afford to live without the money that he gives at the moment

£400 a month difference?! you definitely need to open the case...

@RedCandyApple

£400 a month difference?! you definitely need to open the case...

I know it's shocking he's a nasty piece of work. I wouldn't manage without what he gives me now but the £400 would make a huge difference. But if it takes 4-6 months I wouldn't manage without the money he gives me now if you know what I mean. It's a horrible situation. As usual he has my right where he wants me 😫

The claim is backdated to the day you open the claim

Also he is being a complete arse about selling the house and getting divorced. He has refused several times to disclose financial information so I'm now having to get a court order. Does anybody know if the house equity is always split 50:50 even if circumstances are massively different? Thank you everyone for your kindness and advice so far x

A house split isn't necessarily 50/50 because there's lots of different financial circumstances. For example somebody might prefer more house equity than any pension share or there might be a massive difference in potential to get a mortgage.

@cherryonthecakes

A house split isn't necessarily 50/50 because there's lots of different financial circumstances. For example somebody might prefer more house equity than any pension share or there might be a massive difference in potential to get a mortgage.

I was hoping that was the case. I am on benefits due to being a full time cater for my disabled son and have no real capacity to ever work if I'm honest and therefore I'll be renting for the rest of my life. He has a well paid job and able to get a mortgage in the future