Ex partner refuses to pay child maintenance

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This topic contains 11 replies, has 4 voices, and was last updated by  Lilco18 1 month, 3 weeks ago.

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  • #27661 Report

    Emma1974
    Participant

    Any advice please…

    i haven’t seen my ex partner ( still my husband) for 2 years nearly ! He wants no contact with our 3 year old son . Refuses to pay child maintenance, avoids paying at all costs ! Child maintenance phoned me yesterday saying , they can go back to court to get a 2 nd liability order out on him , which will take another 10 months possibly longer , but there unsure whether this will lead anywhere ! They’ve tried bailiffs , court action , etc etc …. he just seems to get away with it ! As of yesterday he was owing just under £5000 to myself and cms, but apparently if he’s in the mind set of not wanting to pay ( the lady’s words) there’s a strong possibility that they won’t be able to retrieve any of the arrears along with any weekly payments he should be paying … he went 15 months without paying , child maintenance caught up with him, he then got agreed to pay a weekly sum included in that is a £10 weekly arrears amount , since April he’s paid 4 times … weekly it isn’t!!!! But apparently he can get away with it and there’s not much I can do ….. any advice please …

    #27671 Report

    myname
    Participant

    No advice I’m afraid, I can only sympathise, the system seems really bad as it doesn’t seem to be able to make people pay if they choose not to.

    #27693 Report

    Hi Emma1974

    Thanks for posting on the forum.  It sounds like you have explored avenues regarding your ex partner paying child maintenance and I can certainly hear your frustration at not coming to a conclusion with this. Our single parent helpline may be able to give you some further advice around this or explore what options may be available.  They can get very busy so please be patient but calls will be free.

    Hope that helps, Justine

    #28419 Report

    Lilco18
    Participant

    Hi There,

    just wondering what happened when they took him to court? I assume as you have passed the bailiffs stage it was for the sanctions to be imposed?

    #28420 Report

    Emma1974
    Participant

    Hi there

    yes it’s gone to the sanctions team , it was them who phoned me a few backs to say , they will now attempt a second liability order for the arrears which is in its thousands , plus the weekly payments he’s not paying , it was the lady from the sanctions team who said , it’s going to be hard getting the money from him ! It’s seems ridiculous that there’s nothing they can do ! I don’t know whether to get some legal advice about it all ! As also I can’t get divorced because I have no address for him ! The whole situation is ridiculous this has been going on now for 2 years !

    Thanks for reading 😊

    #28422 Report

    Lilco18
    Participant

    Have they not applied for the driving license/passport  removal/custodial sentence? Is your ex self employed or on PAYE?

    They should be doing that before applying for a second Liability Order 🤔

    #28429 Report

    Emma1974
    Participant

    This is what I didn’t understand in the conversation I had a few weeks ago , at one point they were going to  apply for removal of driving licence , and the 6 weeks in prison , etc etc ….. then in the next breathe it was they couldn’t go there , so second liability order , she was the lady who said , that if he’s in the mind sight of not wanting to pay , they didn’t know what they could do ! They went into his bank account , he then changed it , he was paying by standing order , he cancelled that! He’s self employed so apparently they can’t do that !!they phone , email, text him , letters , bailiffs, etc etc … nothing …. apparently he knows the system !! Surely this can’t be right ! I’ve had 6 payments in total in nearly 2 years . He arranges to pay  in April once they caught up with him after the 15 months of trying to find him , he paid 4 , nothing since …. it’s driving me insane to be honest! It’s really not fair .

    #28452 Report

    Lilco18
    Participant

    I wonder if when they checked his accounts they saw that he had “no money”.

    They told me that they had managed to prove by my ex’s statements that he had funds to pay he was just choosing not to so the court hearing could go ahead.

    If you are having any issues with CMS not explaining things properly I would complain to your local MP. I have been fobbed off so many times over the years that I now go straight to my MP and they have to respond.

    If you need any support I am here for you as I know how hard it is on your own.

    It is like fighting a losing battle but I won’t give up trying to get what’s right for my son.x

    #28453 Report

    Emma1974
    Participant

    Evening

    thanks for your reply …

    i think I need to speak to  to someone with a bit more understanding about it all…. As I’ve had 3/4 different conversations with people from CMS who have all told me different things … The arrangement that was put in place with CMS in April ,was an arrangement that my ex partner and CMS put together, as apparently once they caught up with him , and threatened with the driving licence being removed, he agreed to start paying … it has something to do with the first liability order , as it was over a £1000 they could do something about it , so he paid a few hundred pounds off , got it just under £700 then stopped paying once again , as it’s now not seen as a debt !! Obviously in the middle of all of this is the weekly arrears he isn’t paying , as well as the rest of the debt !! He pays for his other son , with an ex, lives with a women who has 2 children of her own ! But flatly refuses to pay or have any contact with our son , and in the middle of all of this , I’m still married to him ! The thing is I’ve given up trying to get money for my son as it’s  getting me absolutely nowhere! I would love if someone could help fight my corner , as feel as though it’s pointless.

    #28474 Report

    Lilco18
    Participant

    Maybe an idea would be to get a list of questions that you need clarification on and send them via your MP? That way they are in the loop as well and it can initiate a complaint against the CMS.

    Regarding your divorce, is he just ignoring your petition? Have you started the ball rolling yet?

    #28507 Report

    Emma1974
    Participant

    No I haven’t started divorce proceedings yet , haven’t a clue where to start , I also have no clue where he lives ! I’ve phoned up today about getting a free half hour consultation with a solicitor, hopefully next week when she’s back off her holidays ! I’m hoping she will be able to point me in the right direction!

    #28566 Report

    Lilco18
    Participant

    Good luck with everything. I’m sure you can get your divorce sorted quite easily if there is no property involved. Keep on fighting for CMS. The more of us give up means the more the non paying parents win and the Government can just forget about us!

    If you ever need a friendly chat. I’m here for you 😊

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