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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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My wife and I divorced in 2011, our 2 children living with

Customer Question

My wife and I divorced in 2011, our 2 children living with her full time. We agreed a consent order for both child maintenance and periodic payments, ie would make payments to her. In Dec 2013, I was grated residency because she was abusing the children. We have been in and out of court since however in March 2015 we had a final order that she can only see the children at a contact centre. During all of this I was made redundant as I could not keep my job whilst looking after the children full time and I stopped paying periodic payments in June 2014 (I was made redundant in Jan 2014) I made an application to vary as she made an application to enforce. We now have a hearing tomorrow and I will argue that periodic payments were agreed in 2011 when she was looking after the kids. Now she should be able to support herself and contribute to the children and I should not be required to make any further periodic payments. My question is around child maintenance. She refused to pay anything between Dec 2013 and Dec 2014 and now only pays £30 per month even though she has had part time jobs. This isn’t an amount I have agreed to, it is an amount she has told me she can afford. Whilst asking the court at the hearing to dismiss the requirement for me to make periodic payments, can I also ask for an order for ongoing child maintenance payments and arrears even though there as no agreement in place? My ex was also claimed over £5000 in child related benefits after the children stopped living with her fulltime, incl child benefit and child tax credits. Can I ask the court to make an order for this money to be paid to the children (eg put in their Child Trust Fund). Or, does the court not have authority to order child maintenance and I need to apply to the CMS (which I have not done so far). Hope that makes sense!

Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
I have just considered your question and I note that it relates to a hearing that has now most likely taken place. Do you still require assistance?
Kind Regards