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Divorce/separation

Child maintenance info

3 replies

christmasclean · 21/02/2014 09:14

I've googled a few things but can't get the info I need. At what point during a divorce do you start a child maintenance claim. (Still living under same roof) once you do claim how long does the process take. How long before payments start. I don't want to have an agreement with him. Because he is so unreliable and untrustworthy I much prefer to use the child maintenance service Thankyou in advance.

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LauraBridges · 21/02/2014 10:13

A family lawyer would answer better, but if you are living together in the same house but are separated and he is not paying for things including the children and assumingh earns more then I believe you can apply to court for emergency ("interim") payments right away. However I would very strongly say try to reach agreement,. Most parents reach agreements. Going to court over it can cost loads of money. The new child maintenance service I am not so sure about if you are still living together - you could ring them and ask and they take some of the payment.

If he reaches agreement with you and about the house and divorce finances in general you get that sealed by the court as a consent order on the divorce and that is legally binding and much better and covers more than just going to the CMA. Also of course the children might live with him not you and he might be claiming maintenance from you for them and himself if he earns more. So it could be the other way round ultimately.

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christmasclean · 21/02/2014 11:43

Thankyou Laura it seems that there are few fans of the cms and CSA. I can't see him sticking to any arrangement for long so assumed that would be best. I wasn't looking to claim now rather get stuff straight in my head about what order I need to do stuff etc. he will be here in this house untill the last hurrah. As it costs him next to nothing. Discussing anything is a nightmare he only wants to know of things that benefit him, if it doesn't there is no discussion. I am seeing this is the case for a lot of people. Not just me.

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christmasclean · 21/02/2014 11:46

I will call the cms actually , they may give more info, hope it's not all recorded messages etc