Maintenance

[Nathan]

Hi, I need some help advice from people in similar situations. I currently have two of our three children living with me. My ex has the eldest child with her. I pay for child 1 directly under the CMS with no arrears.
My ex is currently on the CSA scheme she has a liability order against her for approx £2,500 but her arrears have escalated since the order was issued she is now in arrears of £3,500. The CSA have been useless at collecting this debt as she is self employed and refuses to answer letters or phone calls. We are not on speaking terms so a verbal conversation cannot occur.

The case is due to port across to the new CMS scheme soon, taking this debt with her. My question is :

As the liability order is in the CSA's name as they organised it, as they are closing can the debt be taken back to court by me? As the money is owed to me? I want to escalate this matter to the high court if I can, as not paying for your children is unacceptable.

Your help would be greatly appreciated. Thanks. Nathan

[MarkR]

(01-22-2017, 02:08 PM)Nathan Wrote: Hi,  I need some help advice from people in similar situations.   I currently have two of our three children living with me.  My ex has the eldest child with her.  I pay for child 1 directly under the CMS with no arrears.  
My ex is currently on the CSA scheme she has a liability order against her for approx £2,500 but her arrears have escalated since the order was issued she is now in arrears of £3,500.  The CSA have been useless at collecting this debt as she is self employed and refuses to answer letters or phone calls.   We are not on speaking terms so a verbal conversation cannot occur.  

The case is due to port across to the new CMS scheme soon,  taking this debt with her.   My question is :

As the liability order is in the CSA's name as they organised it,  as they are closing can the debt be taken back to court by me?   As the money is owed to me?  I want to escalate this matter to the high court if I can, as not paying for your children is unacceptable.

Your help would be greatly appreciated. Thanks. Nathan

This is one I am going to say you need to get your own legal advise on, from a Solicitor who deals with CMS cases.

How this should work, is 2 separate standalone cases.

Child A and B living with you, your ex should be paying child support for, taking into account the fact she has a dependent child, any staying contact and her income.

Child C, you need to pay child support for, taking into account the fact you have 2 dependent children, any staying contact and your income.

Where you need the expert advise on, from a Solicitor is can you legally stop paying in light of this liability order, to offset it against what you are owed.

If you can not afford a solicitor, contact your local CAB, and ask them if they can refer you for 30 min free advise.

[Nathan]

Thank you Mark but I can't afford the legal advice as she is financially strangling me. ?

[MarkR]

(01-22-2017, 03:09 PM)Nathan Wrote: Thank you Mark but I can't afford the legal advice as she is financially strangling me. ?

As per my post, the CAB can get you 30 min free advise on this.