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advice please

  • sungirl
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09 May 15 #461050 by sungirl
Topic started by sungirl
i have a court order for maintenance which was issued last year, however the situation has changed as one child has gone to live with his dad so we now have one child each. The child living with him is about to turn 16 and come out of full time education so the maintenance for him would have stopped anyway.

I would like to know where i stand as not sure ex is going to pay me anything, nothing so far this month.
He is a higher earner than me but is self employed so could easily fiddle this.

If he will not pay me anything what is the best route to follow as i really cant afford solicitor can i take him to court without one

advice would really be appriecated

  • sungirl
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10 May 15 #461065 by sungirl
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As I suspected, ex text me to say as our son lives with him and daughter with me we are even. As I said previously my son turns 16 in a couple of weeks, if he was still living with me my ex would have stopped maintenance for him. He earns more than me and lives with other woman who I think works, he is self employed so could fiddle that figures to say he earns a lot less. Our court order was for both kids living with me, could anyone advise on how I stand and the best way forward, I''m feeling very stressed at the moment.

  • MrsMathsisfun
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10 May 15 #461077 by MrsMathsisfun
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As stated on your other post the only route you will have is the csa but they will use his fiqures and its a long tough road attempting to prove his income is higher.

  • Child Maintenance Options
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13 May 15 #461275 by Child Maintenance Options
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Hello sungirl

You mentioned that your court order/Consent Order was issued last year. A Consent Order has to be in place for a minimum of 12 months before you can apply for a statutory maintenance arrangement. If your Consent Order hasn’t been in place for 12 months, you would have to return to the court to amend it.

If it has been in place for over 12 months, you can apply to the child maintenance Service who have replaced the Child Support Agency (CSA) and now deal with all new applications.

You mention that your son now lives with his dad and that he is nearly 16. Maintenance payments can continue until a child is 20 if they are in full-time, non-advanced education. You also mention that your ex lives with another woman who works. This is not something that would be taken into account in any maintenance calculation.

If you would like more information on the options available to arrange maintenance payments and a more personalised service, you can contact Child Maintenance Options directly, www.cmoptions.org.

The Department for Work and Pensions (DWP) have a web application, ‘Sorting out separation’. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is www.wikivorce.com/divorce/Sorting-Out-Separation.html

Regards

William

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