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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35442
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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My x husband has paid child maintenance but at a much lower

Customer Question

My x husband has paid child maintenance but at a much lower level than I believe he should have. I have become aware that he has earned extra income from renting his flat out for example. Can I claim child maintenance in arrears? We have a court order dating back from our divorce in 2002.
Submitted: 5 months ago.
Category: Family Law
Customer: replied 5 months ago.
I have twins with a second partner, whom I did not marry. He has also not paid the right level of miantenance. He says he is now retired and living off savings but he has an active company. I have never had a formal agreement with him. I would like to claim maintenance in arrears and in the future. What can I do?
Expert:  Clare replied 5 months ago.

My name is Clare

I shall do my best to help you but I need some further information first

How old are your children now?

Customer: replied 5 months ago.
My oldest son is 16. I was married to hus father.My twins are 12. I was not married to their father.
Expert:  Clare replied 5 months ago.

has your ex husband paid in line with the Court Order?

Customer: replied 5 months ago.
No, he has paid but not as much as he should have.
Expert:  Clare replied 5 months ago.

Was there actually an Order stating how much he should pay?

Customer: replied 5 months ago.
The order said it should be in accordance and done through the governments child maintenance process. This was started and then mysteriously cancelled. I didnt raise it then as we had set up an arrangement but since then he must have had pay reviews and now rents out his property too. That is usually 15% of income. He remarried and now has another child aged 7 years. He is meant to disclose his annual income but has nevet done so.
Expert:  Clare replied 5 months ago.

Have you applied for a CMS assessment against either father?

Customer: replied 5 months ago.
No. I havent. I wanted legal advice first.
Expert:  Clare replied 5 months ago.

I am afraid that there is no other action you can take - the only option open to you is to apply to the CMS for assessments.

Sadly this means that no arrears can be claimed as such assessments cannot be backdated.

I am sorry that the news is so grim - please ask if you need further details

Customer: replied 5 months ago.
I am not sure that is correct as there was a cms assment at the time of the divorce. Maybe I wasnt clear, so that process started? As that happened, does it change your view?
Expert:  Clare replied 5 months ago.

Yes indeed it does.

So there was a CMS assessment - when was that made?

Customer: replied 5 months ago.
At the time of our divorce. It came out at £370. He now pays £485. Sorry I wasnt clear.
Customer: replied 5 months ago.
The assessment was made at the time of our divorce, 15 years. Sandra
Expert:  Clare replied 5 months ago.

Ok

So has the assessment been reviewed in that period?

Customer: replied 5 months ago.
No. Never. My x volunteered under pressure. It has never been reviewed.
Expert:  Clare replied 5 months ago.

Ok

Do you still have anything with the CSA details on?