Child Maintenance

[Tweediepie43]

I have serperated from my partner and we have a 1 year old. We have agreed £300 a month maintenance. He has been paying it. Last month and this month he has said he doesnt have money and wont pay it. I have asked if we would repay it another month and he wont confirm - what are my options.

Go through cms

Definitely go through the CMS. My ExH used to use maintenance as a form of control and also would short pay if he'd rather spend it elsewhere (eg Valentines trip abroad with the OW). Until I went through the CMS.

If you go through CMS it takes his control away, and it's one less thing causing friction. If he doesn't pay or short pays you can then go from a 'direct pay' arrangement (where CMS sets the amount but he pays you directly) to 'collect and pay' (where they collect it on your behalf and then pass it on to you).

It would be way more expensive for him to have to go 'collect and pay' - from memory it costs him an extra 20% and you 4% of the maintenance payment - but at least you're more likely to get the payment.

CMS, as PP have said.

What about if he is self employed and didn’t earn last month ?

Cms I had to do this for my 3 however I only get 457 a month for 3 children with cm because they go.on what he says he earns. Despite knowing he earns more but as he is self employed he regular gets cash in hand and waits for payment so it looks.like he is earning less (I know this as I used to do the book keeping for him when we were married)
But even then there is still no garentee he will pay and it takes for ever for them to enforce payment. You can do a child maintance calculation on line if you know his earnings.

They will go on his tax return from the previous year. Unfortunately if he's avoiding tax by under declaring his income it's very hard to get money from him.