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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I would like to know if I can request my ex husband pay my

Resolved Question:

I would like to know if I can request my ex husband pay my child maintainence by court order rather than via child support office. My final hearing is set for 2 December and would like a second opinion as his solicitor is saying he won't accept a court order and I have to apply via the CSA system which I know if I do he won't pay as that is why I want a court order in place .
Your comments please
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.Why do you think your ex is more likely to pay under a Court Order than via the CSA?
Customer: replied 1 year ago.
He is self employed and is s director of a limited company and since our separation he is now saying he only receives a wage of £660pm and no dividends however when we were together he received £3,500pm (wage and dividend) he is not declaring his true income and trying to get out of not paying what he should. In addition I have experienced late payment when I had a court order for our finance settlement and when he didn't pay I contacted my solicitor and immediately it got paid. I feel that if I go via CSA he will not pay and I will have no backup to ensure that he does. Therefore I think a court order would ensure I do receive payment from him.
I look forward to your comments
Expert:  Clare replied 1 year ago.
Unfortunately if he will not agree to a Court Order for Child Maintenance then the Court cannot make it.However do not be too upset - in fact the CMS/CSA has numerous powers - they can access Company records to look at dividends- andif your ex chooses to retain the money in the company instead then the CSA can simply make an assessment based on the monies NOT taken.They also have wide enforcement powers and can confiscate Passports and Driving LicencesThey do need to be managed - always deal with them in writing and be willing to follow the appeals process - and do not rely on what you are told in the telephoneI am sorry not to give you the news that you wanted but I hope that this is of assistance - please ask if you need further detailsClare
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