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Leyla Shahin-Mehrube
Leyla Shahin-Mehrube,
Category: Family Law
Satisfied Customers: 199
Experience:  Family Solicitor at WLH Solicitors
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My ex husband has stopped child maintenance payments all of

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Hello Pearl my ex husband has stopped child maintenance payments all of a sudden. We have a case with the CSA which is currently under review so CSA cannot enforce the payment. What are my options?
JA: What steps has your ex-husband taken? Has he filed any papers in family court?
Customer: no he has just contacted CSA and asked them to re-evaluate the amount he has to pay as he can't afford anything
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does your ex-husband live in?
Customer: He lives near Wollaton Park in Nottingham
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have childcare fees to pay and now I cannot afford them
Customer: replied 6 days ago.
Please see my full explanation below:
I am having some family issues.
I am divorced and I have 2 little girls aged 6 and 8. I work full time for the University.
My ex-husband has decided to stop child maintenance payments as he can no longer afford it (he has 2 more children now). This was yesterday and it has come without any warning.
His latest child is only a couple of months old and he got some maternity leave transferred over to himself so that his wife could go back to work. This will be in place until March 2020.
This means that he won’t be able to afford child maintenance payments for the foreseeable future.I got in touch with the Child Maintenance Service yesterday who confirmed that, unfortunately, they cannot enforce the payment as our case is currently under review (I got no notification about this either).
This can take a minimum of 6 weeks to get reviewed (from the 1st November 2019).
I am therefore in a stressful situation in which I need to find £250 to pay the childcare bill for November for breakfast club and cannot afford it.Is there anything that can be done from a legal point of view?
The girls’ dad is not taking up his responsibilities as a parent and we are made to suffer due to his own personal life choices. He has now re-married (he married the mum of his latest 2 children) and he lives in Nottingham, near Wollaton Park.He only sees the girls every other weekend, and they only sleep over at his house for 2 nights every other weekend.I have been left alone and, as a single mother who wants to work full time for the University and who has a lot of responsibilities on her shoulder including a mortgage, I find myself in a situation in which I need to re-arrange my life once again due to my ex-husband’s personal choices. I have even been considering re-arranging my hours but I would have to work from home for a few hours and my Manager can only consider this as a short-term solution if even possible.I have sent him a message to say that, if he cannot make maintenance payments, he will have to make time to take the children to school as I cannot afford childcare costs without these maintenance payments. He normally pays £230 per month in total, yesterday he could only give me £70.62 for the month of November. My childcare invoices come to an average of £230 per month. I do get Universal Credits but these contributions come in a month later.Is there a legal letter that could be sent to him to set out his responsibilities and what choices he has if he wants to keep seeing his daughters (i.e. child maintenance payments or taking up responsibilities such as school drop off and pick up ? I don’t really wish to do shared custody as the girls do not sleep well there at his house. The beds are uncomfortable and they have 2 young siblings who keep them awake every night. They come back with dark circles under their eyes after they have stayed over there for a weekend…If you can give me any advice I would be truly grateful. For the month of November I have only received £70.62 total
Customer: replied 6 days ago.
I have a childcare bill of £240 to pay for November only
Hello
Do you have a financial order in place in respect of your divorce?
Customer: replied 6 days ago.
No I believe it was a standard devorce
Customer: replied 5 days ago.
Hello have you seen my response?
Hello
Sorry about delay. It would be advisable for you to make an application to court for a financial consent order, to claim for maintenance payments and a split of other assets. You may have divorced, but you haven’t “divorced” from your finances. This will of course cost in the short term but may be your only option for the longer term. You can indeed start any court proceedings with a “warning” letter to settle out of court (it is possible to obtain a financial court order out of court) or offer mediation. If cost is a worry, you can make simultaneous applications to court to claim interim maintenance payments or costs towards legal fees.
This link will help you with court applications: https://www.gov.uk/money-property-when-relationship-ends/apply-for-a-financial-order

Justanswer works on a rating system and so that I can close this question can you please rate. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page.This is how Justanswer works. I can still answer follow up questions if needed to clarify anything for you. But this lets me close the case and not need to email you again. If you need more assistance, please use the reply box below and let me know. It has been my pleasure to assist you! Many thanks
Customer: replied 5 days ago.
Since the divorce I have sold our marital house and bought a place under my own name. I have also made a will to say that, should anything happen to me, my ex husband cannot claim any of the estate as an excuse for bringing up the children. Does this still mean that our finances are still not divorced? Can you explain what that means please?
Customer: replied 5 days ago.
I have a decree absolute already so it doesn’t seem like this link applies to me
Yes if you do not have a financial consent then you have not “shut off” your finances. Your assets may be protected in life, but in life he claim against you for 50/50 of all assets. Even though you have a decree absolute and are divorced. And you can also claim. You can claim off each other until there is a financial consent order. The link does apply to you because you do not have a financial consent order.
Divorce works in 3 parts:

1. Divorce
2. Splitting assets
3. Children

You have point one above. But you do not have point 2 or point 3. Point 3 about the children isn’t always necessary.

You will need a financial agreement sealed by the courts stating what your agreement is. You can do this through mediation, Solicitors or as a last resort through court hearings.

There is no set formula in splitting assets. The pot includes all the assets in the marriage and the split between parties always starts from a 50/50 split and this split changes according to the needs of the parties. I.e if the children are staying with you then your needs will be higher and therefore entitled to a larger split. You can also be entitled to spousal maintenance and also child maintenance. At the end of the day it depends on the amount of assets there are in the marriage to split.

It does not matter that the house is in your name only as he can put a matrimonial homes act notice on it at any time - because you do not have a financial order. If you win the lottery tomorrow, he can claim 50/50, because you do not have a financial consent order - and vice versa.
Sorry I meant your assets may be protected in *death but not in life
You simply have a divorce to enable either of you to marry again, that is all.
Customer: replied 5 days ago.
Oh gosh this is really scary how much does it cost on average to do step 2 a financial consent order and what does this look like?
Did you do a DIY divorce? I am assuming you did. You can cut costs by approaching a mediator first . These are specialist family experts who will look at both your finances together or in separate rooms and try to get you to agree. If you agree then all you need a solicitor for is to draw up the financial order for you both to sign. This will then be sent to court by post for sealing by the judge. This costs about £80 a session and about 3-6 sessions are required, then about £1500 for a solicitor. If this doesn’t work then you can instruct a solicitor to negotiate between you, then draw
Up the order as above. Costs vary by solicitor. If this doesn’t work then your last resort is to show him the court doors, either by making the application by yourself without a solicitor (just instruct a barrister to represent you in court) or do it with a solicitor. Costs start approx £2-£5K per hearing (there are three hearings) but agreement is encouraged and can be made at any time. The advantage of going to court is that the court sets a timetable and there will be an end to it, I.e he won’t be able to drag his heels for long not agreeing with you.
I don’t understand what you mean by what does it look like. It’s a legal document setting out your agreement , ie so much maintenance to you until youngest child reaches 18 etc etc and signatures at the end.
Here is an example of a mediator in Nottingham: https://www.nfm.org.uk/about-family-mediation-services/book-an-appointment/?gclid=EAIaIQobChMIiYWD08XW5QIVGLLtCh1Mew3QEAAYAyAAEgLCUPD_BwE
Customer: replied 5 days ago.
Thank you for all your replies. Is the Matrimonial homes act quite easy and affordable to do? I just need to understand how likely it is that he will do that
It would be difficult for him so I wouldn’t worry about that. The court would only upset your already made agreement re division and therefore give him an interest in your property if duress misrepresentation, fraud etc or circumstances have changed to such an extent that the division of the sale proceeds unfair.

But the consent order is still needed.
Customer: replied 5 days ago.
Thank you for your advise I feel more comfortable now. If you were in my shoes how would you proceed? I have considered shared parental responsibility but my girls get close to tears when I mention it.
Hi I would initially go to citizens advice bureaux for advice about benefits your entitled to and perhaps an initial appointment with a mediator on your own with all your financial paperwork.
I hope I have helped, please leave me 5 stars and I hope your situation improves, everything always gets sorted out in the end.
Leyla Shahin-Mehrube and 2 other Family Law Specialists are ready to help you
Customer: replied 4 days ago.
Thank you you have been wonderful
Very welcome