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Original poster

What happens to child maintenance

39 replies

SpinningFloppa · 30/01/2023 19:34

My ex doesn’t pay any child maintenance as he doesn’t work or claim benefits, he is unlikely to ever work, what happens to any arrears when the children grow up? Do they just write them off when they are no longer children? They don’t chase them up as they are not doing that anyway just wondered what happens when the children are no longer children the case would be closed surely? And arrears wiped?

OP posts:
MillicentTrilbyHiggins · 30/01/2023 19:37

Does he have arrears? Are they building up?
My ex is on a nil assessment so there are no arrears.

WeepingSomnambulist · 30/01/2023 19:41

If he doesnt work or claim benefits then how are there any arrears? His maintenance contribution will be £0 so no arrears will build up.

There isnt a minimum contribution or anything like that. Maintenance is calculated on earnings. No earnings means no maintenance so no arrears.

If he is living if family money, did you get anything in the divorce?

There should be a mechanism within the CMS to go after "family money" when that's what they're living off.

TeachesOfPeaches · 30/01/2023 19:41

What money does he live off? You can get access to his savings and he can pay from there.

Original poster
SpinningFloppa · 30/01/2023 19:42

hmm im not sure, it says he has to pay £6.72 a week but he doesn’t pay it? So it just goes on arrears, it’s never been paid. Just says they didn’t receive it this month.. every month.

OP posts:
Original poster
SpinningFloppa · 30/01/2023 19:43

We weren’t married.

OP posts:
MrLbz · 30/01/2023 19:46

He sounds like a real catch

MillicentTrilbyHiggins · 30/01/2023 19:50

He must be claiming benefits then. No idea what happens if he just never pays. The cms have a habit of writing them off iirc.

Original poster
SpinningFloppa · 30/01/2023 19:53

I don’t think he is claiming them as it is direct pay so they could just take them but they don’t? They contact me every month to say that was unable to get them? 🤔 he doesn’t struggle meeting women he just doesn’t tell them…

OP posts:
Grincheynewyear · 30/01/2023 19:55

Does he own a property? Does he work cash in hand? How does he live day to day?

Original poster
SpinningFloppa · 30/01/2023 19:56

Sorry it’s not direct pay it’s collect and pay. So it should be taken straight out

OP posts:
MillicentTrilbyHiggins · 30/01/2023 19:56

Direct pay means he's meant to pay you directly. If he's not then you can ask to switch to collect and pay and the cms will collect the money for you.
If he's not working or claiming benefits then he'd have a nil assessment.

MillicentTrilbyHiggins · 30/01/2023 19:57

SpinningFloppa · 30/01/2023 19:56

Sorry it’s not direct pay it’s collect and pay. So it should be taken straight out

In that case I'd be asking them why they aren't collecting it.

Original poster
SpinningFloppa · 30/01/2023 19:59

MillicentTrilbyHiggins · 30/01/2023 19:56

Direct pay means he's meant to pay you directly. If he's not then you can ask to switch to collect and pay and the cms will collect the money for you.
If he's not working or claiming benefits then he'd have a nil assessment.

I made a mistake it’s collect and pay.

OP posts:
Original poster
SpinningFloppa · 30/01/2023 20:00

Grincheynewyear · 30/01/2023 19:55

Does he own a property? Does he work cash in hand? How does he live day to day?

im not in contact with him.

OP posts:
WeepingSomnambulist · 30/01/2023 20:08

Are you sure he is still alive?

Original poster
SpinningFloppa · 30/01/2023 20:09

Yes unfortunately he is

OP posts:
AnonSource · 30/01/2023 20:21

My ex was ordered to pay the exact same amount a week through collect and pay as he claims UC. He didn't pay and I give up and closed the claim with £150 odd arrears. As soon as I closed the claim CMS decided to do an "attachment of earnings" on his UC claim... why they didn't do that after he made it clear he wouldn't pay, I don't know. But now I've made a new claim and he has to pay £11 so many pence arrears and £15 so many pence in CM. It adds up to the same monthly total it would've been previously, but until the arrears are paid off I recieve it in two separate amounts.

I'm not sure if it was just a coincidence of me closing the claim and them doing an attachment of earnings, or if it was prompted by the closure.

Grincheynewyear · 30/01/2023 20:50

From your time knowing him how do you think he is living day to day? Did he have a good job but a director or self employed? Is he likely to be working cash in hand? Is his lifestyle consumerate with someone who has no income to declare to the tax office?

Is he living off cash jobs? Living with his rich parents who give him pocket money? Or is he living off illegal dealings (drug money/crime)? etc. Knowing his background would change how I pursued/inconvenienced him.

If he has a mortgage and a flash car and is likely to be cash in hand - make a tip off to HMRC who will be quick to investigate why his lifestyle isn’t in line with his income. Then you can pursue him for CM.

If he is living off mum and dad I doubt you can do much.

caringcarer · 30/01/2023 20:50

My ex refused to pay maintenance for our 2 children. CMS let it mount up for about 4 months then after two warnings they wrote to his employer and then employer took money out of his salary then sent to CMS, then they put it in my bank account. He was made to pay back arrears too.

Grincheynewyear · 30/01/2023 20:50

Search his name on companies house.

Original poster
SpinningFloppa · 30/01/2023 20:52

caringcarer · 30/01/2023 20:50

My ex refused to pay maintenance for our 2 children. CMS let it mount up for about 4 months then after two warnings they wrote to his employer and then employer took money out of his salary then sent to CMS, then they put it in my bank account. He was made to pay back arrears too.

He hasn’t worked in 6 years so not holding my breath it’s been 6 years no payment.

OP posts:
custardbear · 30/01/2023 20:53

Does he live on fresh air?! Some 'fathers' are truly dreadful!

CoorieIn · 30/01/2023 20:55

My ex hadn't worked legitimately for years but CMS went on the basis that he had to be living off something and he had 10k arrears.

He did eventually get a job, I presume because he realised he wouldn't get much of a pension with no NI contributions and I've had it all back plus regular maintenance.

He needs to be living off something, sounds like cash in hand. You might see something eventually.

Original poster
SpinningFloppa · 30/01/2023 20:57

He doesn't own a business. I won't be reporting him anywhere not facing any backlash, just wondered if they close the case once a child reaches 18

OP posts:
taxpayer1 · 30/01/2023 22:51

WeepingSomnambulist · 30/01/2023 19:41

If he doesnt work or claim benefits then how are there any arrears? His maintenance contribution will be £0 so no arrears will build up.

There isnt a minimum contribution or anything like that. Maintenance is calculated on earnings. No earnings means no maintenance so no arrears.

If he is living if family money, did you get anything in the divorce?

There should be a mechanism within the CMS to go after "family money" when that's what they're living off.

What the family has to do with it? Ridiculous.

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