Hi, I’m wondering if someone can give me some advice. I live in Scotland & when my ex-wife and I separated a separation agreement was drawn up stating that our daughter would live with her and I’d pay a certain amount per month. Several years later and my daughter moved in with me and I contacted the child maintenance to work out the amount that would be due to me from my ex. That was done and a schedule of payments was created. In the end of the day she only ended up living with me for a few months then returned to her mother. She has still not paid me what was due re the CMS but I’m not concerned about that. I received a solicitor letter stating that their client is requesting me to restart payments...... Do I have to revert back to the old agreement or Can I refuse and insist that it goes through the child maint?
Hi there,
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I know that the laws are different in Scotland, around the family courts, but I would think that when CMS are concerned then they would be the same but you would have to check.
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Outside of Scotland either party can apply to CMS and open a case, you don't have to make a private agreement, I would contact CMS and ask them if the set uo is the same in scotland as it is the rest of the country.
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If you contact them I'm sure they would explain it to you.
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GTTS
Hello Luke247
When an application is made for a statutory child maintenance arrangement (through the Child Maintenance Service) any existing court orders pertaining to child maintenance are no longer valid.
Based on what you have written, it sounds as though you applied to the Child Maintenance Service when your daughter was living with you. If this is the case, the child maintenance aspect of your separation agreement will no longer be valid and it will, therefore, not be possible to force you to agree to reinstate it.
For information on the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website at http://www.cmoptions.org.
The DWP have a sorting out separation website that you may find useful. It offers help and support to separating and separated families. The link is: https://www.sortingoutseparation.org.uk/.
Regards
William