I need advise on child maintenance

[Linqh2011]

Hi everyone,
I separated from my ex husband 3 months ago due to domestic abuse ( controlling and emotional and financial abuse) . I am currently on a temporary accommodation with my 10 month baby to wait for the permanent accommodation. I am looking into child maintenance service as my ex deny paying child maintenance since I moved out. His income is very high so he is supposed to pay £1000/ month but there is nothing for 3 months. The thing is I am on spousal visa here and he is in high income, so there was no child benefit, and to apply for child maintenance , I have to claim the child benefit first to verify the baby. But because I’m not British, I have to claim child benefit by post which will take up to 3 months, then I will be able to process my child maintenance application which may take up to 6 weeks, so basically my ex will be able to get away from child maintenance for around 8-9 months ( around £8k-9k) while me and the baby are now struggling. Do you know if there is any way to get child maintenance application without having to get child benefit or can I backdate the child maintenance till the separate date or till the date when I make the child maintenance application ( without court decision as this will take long to take things to the court). Thank you

You could try speaking to Citizens Advice as a first step

I've never heard of child maintenance being linked to child benefit before. A lot of high earners probably won't even bother claiming it because they have to start paying it back through their tax code if they earn over 50k.

Have you spoken to CMS? What do they say? I would try to get your claim registered asap because payments will be backdated to the date you register a claim but not before that.

I have called child maintenance service and that’s what they told me, they said without Child benefit, my application won go anywhere which I think could be a big disadvantage to migrants like me as claims child benefit by post is so long

I was talking with citizen advice and they told me Togo ahead with child maintenance application, they also help me to claim child benefit. But the waiting time is so long

Thank you, I hope the child maintenance will be backdated to the date I start the application

I would also suggest you speak to a solicitor .
your situation may well be very complicated . Do you have the right to stay now separated ?

They usually do a 30 minute free appointment .

Thank you, I have right to stay and am sorting out my visa now. My ex was trying to send me and the baby back to my country so that he can wash his hands off us completely but not successful. He didn’t send any money because he thought I couldn’t do anything about it.

If I recall, I had a similar issue since I had not registered DD2 for child benefit (due to ex being high earner reasons ) - had to do it by post. Make sure you officially open the claim with CMS as soon as possible, while waiting for the child benefit claim to be processed. I understand the CMS assessment is backdated to when claim is opened.

My husbands child is 19 in full time education and moving in with her boyfriend do we still have to pay maintenance for her. We pay it direct to her but have no other contact her choice not ours.