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Hi all,
Just Looking for some advice.
The CMS are absolutely destroying my business and myself. I can longer afford to survive, and can see no realistic future for me any more.
My ex does not allow contact with my daughters and does not comply with the family court order.
I cannot afford to go back to court and can no longer afford to live.
I have to return to Ireland just to get a break, before I have a breakdown.
I might stay if in Ireland.
Will stop the CMS will stop harassing myself, the business is now pretty much gone as are the girls.
I can't keep fighting and feel that staying away might be the best thing to do.
Will I at least get a break from the CMS, will i get a break.
Any advice would be appreciated.
@James1977 I think the Child Maintenance Service will close the case once you move to Ireland. However, your ex can take the CMS letter and get a court order. Then she can use a system called REMO (Reciprocal Enforcement of Maintenance Orders) to enforce the order in Ireland. I think the law is even harsher in Ireland as judges can put you in jail for child maintenance payment arrears. The amount is determined by a judge considering the expenses on the children (food, education, accommodation, medical, transport, clothing and any other expenses that may be deemed to be related to the child). I think the amount would probably be similar if not higher.
Dear James - you can represent yourself in court and do not need to pay a lawyer. With regard to the CMS, others know more about the system than I do butI believe you need to show proof of earnings and, if the business is not doing well then you pay less. Alternative , if the business is going to close, may be to find a job so the earnings cannot be disputed. If your ex is not complying with the court order, then you can go back to court. The form is likely to be CB5 and details are on the .gov.uk website. They may use reasonable excuse for non compliance so perhaps you could try again and keep a note of the response to accompany the form. You also need to tell CAFCASS. Its all explained on the website. I wonder whether it would be worth having a word with CAFCASS in the first place as they might explain the consequences to your ex and encourage her to keep to the order.
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