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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33813
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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Clare! I wanted to see if it would be any merit in taking

Resolved Question:

Hello Clare! I wanted to see if it would be any merit in taking legal action to get child maintenance from ex-husband...In the consent order signed in October 2013 he agreed to a certain amount and nver paid, I did not ask as he quit his last job in January 2014. Now he is working again, making £2000 a week as a contractor and I approached him finally to contirbute, he is refusing...I asked hiim to pay £790 a month which was calclulated by using the Child Maintenance Calculator...
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi Thank you for your questionWhen did he return to work?
Customer: replied 1 year ago.
He only started a few weeks ago. The Child Maintenance Agency would probably look at last year's tax return but because he did not work that would not get me anything much, right?
Expert:  Clare replied 1 year ago.
Just to check - he has been unemployed with no income all that time?
Customer: replied 1 year ago.
Yes, that's correct. But he has a large amount of cash as has not bought a property yet (unlike me) after the sale of the family home
Expert:  Clare replied 1 year ago.
How old are the children now?
Customer: replied 1 year ago.
Younger son who lives with me is 13 and elder one who is currently with him (but was in Serbia for a few years) is 19
Expert:  Clare replied 1 year ago.
You have two options.You can try and enforce the original order and claim arrears.However you need the permission of the court to enforce arrears which are more than 12 months old, and the fact that he has been unemployed makesit doubtful that you will be entirely successful.Alternatively you can apply to the CMS for an assessment - they will base it on his income for the last three months so you should receive the amount you have suggestedI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.
Thank you Clare. I am not plannig to ask for any arrears, I would just like to receive what Child Maintenance calculator proposed which is significantly less than even what was in the consent order.
I wanted to ask though - the consent order was not honoured in the end, in the sense that we sold the house and divided the proceeds, rather than him buying me out (which was the original consent order agreement). It took me a lot of effort to persuade him to sell the house instead, because of the soaring property prices in London and the fact that I agreed for him to pay me lump soms over more than a year I would have been left with a lot less than a half of the real value of the house. Plus he stopped working so could not re-mortgage anyway. So my question is - because the circumstances changed a lot and we did not hounour the consent order in that respect, would it influence the validity of the consent order regarding the Child maintenance? Just in case if I decide to pursue through the court.
Many thanks
Jelena
Expert:  Clare replied 1 year ago.
No the Order stands even if you both agreed to change part of it!
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33813
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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