How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask SASH_Law Your Own Question
SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 4910
Experience:  LLB (Hons)
96947008
Type Your Law Question Here...
SASH_Law is online now

My ex husband has recently told me that he no longer intends

Customer Question

My ex husband has recently told me that he no longer intends to give me any maintenance. We have a private agreement where he pays £750 a month for our two children Zara (13) and Thomas (11). He claims not to be earning any money as his business has been liquidated but he continues to drive very expensive cars and go on expensive holidays. The maintenance he payed me has never been representative of his income but he has always evaded tax so its impossible to know his true earnings.
JA: Where are you? It matters because laws vary by location.
Customer: Im in Belper, Derbyshire
JA: What steps have you taken so far?
Customer: Nothing. I wanted to check my legal rights. I am still giving him access to the children
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We have been divorced for 4 years. He has now remarried, but does not have any other children. He has the children every other weekend - is 4 nights per month.
Submitted: 14 days ago.
Category: Law
Expert:  SASH_Law replied 14 days ago.

Hi, I’m Lea and I will be assisting you with your query today.

Did you have a financial settlement when you divorced? Were the children mentioned in it in relation to maintenance?

The following is useful info to assist you with the site:

  1. I am not available for phone calls, but can assure you that the response to your query can be answered online.
  2. The website will offer you a phone call - this is automated; if you inadvertently click for a phone call but don’t want one, kindly refer the matter directly to customer services so that they can assist you. Their number is:(###) ###-####9374
  3. If you do want a phone call, you can request one and another expert will call you. This is separate to the online request which I will respond to.
  4. Please note that you have paid for an answer to your initial query – if you ask for detailed review of documents this will attract a premium service offer.
  5. Please note this is a Q&A site – there is no client/lawyer relationship involved. You are a customer of Just Answer.
  6. If it is a weekend, or evening/late, please be aware that responses may be slower. This is NOT a chat service, it is email based.
Customer: replied 14 days ago.
Hi, there was not a financial settlement in regards ***** ***** children’s maintenance payment
Expert:  SASH_Law replied 14 days ago.

Your route will be via the CMS to make a claim then. Child Maintenance Service.

However, if the father is self employed there is always the risk that he is not fully declaring his income to HMRC, which is where the CMS get their records from in order to calculate the maintenance. You will need to start your claim immmediately as the CMS typically do not backdate payments. See the link for how to start the claim: childmaintenanceservice.direct.gov.uk

The alternative is to apply for a lump sum payment for the children via Schedule 1 of the Children Act 1989. This is more complicated and you will need to see a solicitor. You can find one here: solicitors.lawsociety.org.uk

Expert:  SASH_Law replied 14 days ago.

Can I clarify anything for you or has that answered your query?