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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Can a mother collect child maintenance from the assets of the

Resolved Question:

Can a mother collect child maintenance from the assets of the father recently made redundant and currently without taxable income
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will try and assist you. Please may I ask: - is maintenance currently being paid via court order, private arrangement or the child maintenance service?- are there any current arrears? Kind Regards Caroline
Customer: replied 1 year ago.
Arrears are for the current month. A payment for one week (taking it to one year from court order) has been made. Whilst the maintenance is based on CSA calculations the amount is detailed in the court order as follows;
By agreement between the parties the respondent (father) shall pay the applicant periodical payments for the benefit of the children (3) of the family. Payments shall be £192.60 per month per child, payable monthly by standing order. Payments shall end on:
a) each child respectively attaining the age of 18 years or ceasing full-time secondary education, whichever shall be the later; or
b) a further order.
It goes on to mention if CMS makes a calculation but that is not being considered as they state ONLY taxable income would be considered.
The redundancy severance package is unknown but will be significant.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for your response. Sorry this is out of my remit so I will opt out so one of my colleagues can assist you. Kind Regards Caroline
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my bets to help you but I need some further information firstSo there is a Court Order in existence.Has your ex made an applictaion to the CMS for a new assessment
Customer: replied 1 year ago.
To be clear I am making enquiries on behalf of my daughter (applicant).
Her former husband alleges he has spoken to CMS for advice but not relevant as they confirmed to me only taxable income is considered. There has been no assessment by CMS, their formula was simply used to calculate the amount put forward and agreed in court. The respondent wanted the order to end at age 15 but judge ruled 18. The amount was not the issue simply the respondent has decided he can avoid payment as he is not currently earning and feels it relevant the court has been in force a year and now its free choice???
Expert:  Clare replied 1 year ago.
This is a misunderstanding on his part (a common one)The Court Order remains in place unless and until it is replaced by a formal CMS assessment - or there is a downward variation.If he does not apply to vary the Order - or apply to the CMS - then the debt will grow and your daughter can apply to enforce it and since he will have capital she will be successfulHowever if her ex applies to the CMS for an assessment they will indeed only take into account INCOME not capitalPlease ask if you need further detailsClare
Customer: replied 1 year ago.
It does not make sense then that he has not already applied for CMS assessment. He usually knows all the angles.Clearly if he applies to CMS for assessment, a £0 payment is the outcome regardless of his assets or childrens needs. How can that override the court order?
Customer: replied 1 year ago.
Before closing, may I have your opinion on the last question or thoughts on why it would not be a good idea for him to seek CMS assessment??
Customer: replied 1 year ago.
I have sent two responses on the same subject since your 'answer'. Should these remain unanswered I will assume you consider these extras (not required at present thank you) and will close the conversation
Expert:  Clare replied 1 year ago.
My apologies I have been in a meeting.Bearing in mind that I can only speculate I would assume that he has Dividend or other income - or will have in the future - and does not want to have the CMSinvestigating him in the future when he is earning
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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