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Child maintenance whilst unemployed
#1
Hi all,

Separated from ex January 2018. Not married, was only renting. I have paid CM direct to her on the 1st of every month. From Jan to September I also paid half of nursery fees. After I got screwed over by family court I reduced the nursery fee to a lesser amount (around £200 per month).

Started a new job in 2019. In January, before starting new job I only paid CM and additional £100 towards nursery fee. In Feb I paid the CM and nursery fee at regular amount. On Feb 8th I lost my job (Long story but currently taking action against employer for breach of contract). I received £800 for that period. I have now applied for Universal Credit until I find a new job. I informed ex on 3rd March of current circumstances. I used CM calculator and paid her £108 for the time being until I receive CM in a few weeks time. I will not be contributing the voluntary amount to nursery fees until my circumstances improve.

She now believes I am in arrears by £392 and is demanding I pay it ASAP. I am tempted to tell her to make the claim directly through CM and therefore she will learn the hard way that I am paying as per CM requirements. This woman continues to make my life hell on a regular basis with a torrent of abusive and harrassing emails. I do not have the money to seek legal advice. 

My question is, do I tell her to contact CM and make claim through them, will they have the same view that I only pay what I can whilst out of work or will they assume that I should continue paying the higher amount? I did call them and they agreed only pay as per CM calculator, but I've lost all faith in the system?

Any views appreciated and sorry for the rambling!
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#2
(03-05-2019, 05:39 PM)Bazeydog Wrote: Hi all,

Separated from ex January 2018. Not married, was only renting. I have paid CM direct to her on the 1st of every month. From Jan to September I also paid half of nursery fees. After I got screwed over by family court I reduced the nursery fee to a lesser amount (around £200 per month).

Started a new job in 2019. In January, before starting new job I only paid CM and additional £100 towards nursery fee. In Feb I paid the CM and nursery fee at regular amount. On Feb 8th I lost my job (Long story but currently taking action against employer for breach of contract). I received £800 for that period. I have now applied for Universal Credit until I find a new job. I informed ex on 3rd March of current circumstances. I used CM calculator and paid her £108 for the time being until I receive CM in a few weeks time. I will not be contributing the voluntary amount to nursery fees until my circumstances improve.

She now believes I am in arrears by £392 and is demanding I pay it ASAP. I am tempted to tell her to make the claim directly through CM and therefore she will learn the hard way that I am paying as per CM requirements. This woman continues to make my life hell on a regular basis with a torrent of abusive and harrassing emails. I do not have the money to seek legal advice. 

My question is, do I tell her to contact CM and make claim through them, will they have the same view that I only pay what I can whilst out of work or will they assume that I should continue paying the higher amount? I did call them and they agreed only pay as per CM calculator, but I've lost all faith in the system?

Any views appreciated and sorry for the rambling!

She can not enforce any arrears unless either a Court Order or CMS calculation or a contract existed for the period she is saying you did not pay in.

As far as the law is concerned, either she accepted your payments so far, or she had the legal right at the time to open a CMS case.
CMS only deal with it, from the date of application, and will consider any payments made in the 30 days before it.

My advise, pay £20 and open a CMS case.

If you have the child over 52 nights a year, when out of work you do not pay Child Support. If you do not have overnight, she will get £8 per week.

As she gets Child Benefit, she has to pay for nursery and any child care. There is a good chance that you are in fact paying her, for what the state is already paying/contributing towards.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
She may also be getting up to 70% of childcare costs paid by the government.

Mark is correct she cannot enforce arrears on a family based arrangement. The CMS is there for her to use if she isn’t happy with that arrangement.

I think people on benefits only pay £7 per week if they don’t see their kids.

Always check these things.
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#4
(03-05-2019, 10:27 PM)Hazy Wrote: She may  also be getting up to 70% of childcare costs paid by the government.

Mark is correct she cannot  enforce  arrears on a family based arrangement.  The CMS is there for her to use if she isn’t happy with that arrangement.

I think people on benefits only pay £7 per week if they don’t see their kids.

Always check these things.

Its about £8, unless its on collect and pay, where its closer to £7 due to the fees they charge.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#5
Quick update. Have now applied for CMS direct pay. On Friday she threatened to call the police and take out a restraining order if I tried to attend my contact visit the following day ( the reason being I had not paid supervision fee and that I am not even paying minimum CM contribution!?). I was advised by Child Law Advice to still attend and take a copy of the order and a witness. I also contacted the police and obtained a ref; although they said they would not get involved unless I was breaching the peace. On saturday she breached the CAO by refusing me contact with my daughter. After 30 minutes of waiting with my witness she sent me a rambling email telling me to call the police on her!?

Today I have had confirmation that she has refused my attempt of mediation. So fingers crossed this will all go in my favour and I can jointly apply for enforcement of the order and variation for increased contact with my daughter. I will be seeing a solicitor at the family court this coming wednesday.
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