Welcome to Just Answer
I am a Solicitor and will assist you.
From the description that you have provided - it is my understanding that you previously had a court order in respect of the matrimonial finances that included a provision for child maintenance.
If the order was made post the 03 March 2016 then either party can opt out after a period of 12 months and apply to the Child Maintenance Service (new name for CSA) instead. I am presuming that your order was made after this date as you have already taken the step of reverting to the CMS.
You cannot therefore seek to enforce the order in respect of the element relating to child maintenance as you have opted out.
It is correct that the CMS will charge fees if their collection and payment service is to be utilised.
To avoid the fees, it can be agreed the the monies that the CMS have calculated should be paid to you by the father can be paid directly to you to avoid these fees, if you are confident that the father will pay. The father will have to pay you this directly and cannot demand that you also have to pay money into a certain account.
Let me know if I can help you further
Please kindly remember to star rate our service so that we receive credit for helping you today
Can you clarify for me - was the agreement actually sent to the court and sealed (stamped) by the Judge as an order?
Thank you for clarifying that for me.
As it stands - although you shouldnt have reverted to the CMS prior to 12 months after the order was made - the reality is that 12 months has now passed and therefore the opt out position still remains and you would not be able to seek to enforce that part of the order.
Through the CMS maintenance is to be paid until a child reaches 21 - unless they start advanced education - which is a university level course. Maintenance would stop at this point.
You do have the option - at the stage of your children starting university - for them to make a Schedule 1 Children Act claim at that point - for their father to provide them with financial support whilst they undertake their university education.
Let me know if I can assist you further
glad I could help