Hi All,
I've recently separated (November 2015) from my wife and moved back in with my parents. My wife and 7 year old son stayed in the matrimonial home until 2 weeks ago and have now moved to rented accommodation. She took nearly everything out of the house and also took a sizeable amount of money from the joint account, which should have been shared.
Question I have is, do I have to pay child maintenance despite not being divorced (yet) and she has taken goods and cash without agreement?
I've no problem in supporting my son but it's the principle of my ex taking goods and cash without agreement.
I think that you wife can apply to the CMS immediately and once assessed, you are legally obliged to pay (unless you come to a family based arrangement, which I doubt under the circumstances). I would certainly keep records of exactly what she has taken and when - it might be something you can redress to some extent in the divorce settlement.
Thanks for the quick reply actd.
I'm intending to start paying as of payday this month but the more I read about this family based arrangement, the more it sounds like she could still claim even more as its not a legally binding agreement??? Is this true?
There is an article from a father saying he has paid a family based arrangement amount for years but his ex is claiming via CMS now and it's been backdated, simply because the family arrangement is not legally binding.
Surely if I pay any maintenance and keep a record, that would good enough?
Hi There,
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I think as actd has said she could go to CMS straight away and ask them to assess your income and they will then decide what you pay, if you can agree on a family based agareement, even if this based on what CMS state should be the correct amount (you can have a look at the online calculator to check, as long as you can prove you have paid your ex, you should be ok, so transfer the money to her account marked "child maintenance" or if you have to pay her cash then get her to sign a reciept book to say she has recieved it, you can pick up a small duplicate reciept book from most super markets.
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I think thos that have back dated claims from CMS can't prove that any money was given, so as they can't prove they can't fight it, CMS like parents to come to a family based arrangement and it is better if you can do this.
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GTTS
Thanks GTTS,
I will set up a direct debit with my ex and like you say, title the transaction as Child Maintenance. I guess the issue of her taking everything from the house plus a load of cash will have to be sorted by my solicitor.
Thanks GTTS,
I will set up a direct debit with my ex and like you say, title the transaction as Child Maintenance. I guess the issue of her taking everything from the house plus a load of cash will have to be sorted by my solicitor.
Just to be clear - child maintenence is only a liability from the date a case (with the CMS) is opened. It cannot be backdated. What normally happens is that
1. A case is opened by ex RP
2. The father (NRP) thinks they can avoid/refuse to pay - and all communication dies down
3. Eventually the CMS/CSA get back in touch and the father (NRP) realises he cannot avoid it and now wants to pay.
This situation generates arrears - and these are payable...but the crucial thing is that a case must be opened by either party.
With regards to making voluntary payments (your direct debit now will be considered "voluntary" by the CMS) be warned that a CMS case can be opened at any time in the month (say the day after your direct debit goes in) and you will be liable for another payment (probably) for that month - albeit deferred for 4-6 weeks.
Overall, I think you are doing the right thing by setting up the DD, but I would double check the amount of liability you have with the CMOptions calculator
http://www.cmoptions.org/en/calculator/
So a voluntary agreement is good but not legally binding? Surely as long as I pay and keep records of payments my ex can't claim anything back?
Sorry for all the questions .
Hi again,
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My view would be that as long as you can prove yu are paying your ex, they shouldn't be able to back date only as far as when your ex contacts the CMS, there is another option though, you aren't trying to get out of what you need to pay, so why not contact the CMS yourself, supply them with all the info they need, state that you will pay your ex directly known as direct pay, you will have to pay CMS a £20 set up fee, but you know 100% you won't get any issues in the future.
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As for the money and belongings she took, that will be a battle for the divorce, bear in mind that the fight to gain settlement for these items could financially out way thier value, so you have to decide whether there is enough value in those items to warrant countless solictors letters and a possible court battle for divorce.
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GTTS
Again, thank you for your response GTTS.
Yes, I think I might contact the CMS myself purely for piece of mind. Is there a link you can send me for the form that needs filling in?
The goods and cash she has taken are worth more in value than the divorce and I've already informed my solicitor about what she has done. Fingers crossed, I get something once the house is sold.
Hi,
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Have a look at the information here it should explain what you need to do.
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https://www.gov.uk/child-maintenance
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GTTS
Thank you. Will contact the CMS and see what they say.
yep, you're liable from the momemnt you live seperately, [censored] innit!