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living with daughte...
 
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[Solved] living with daughter and being forced to pay maintence,

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Posts: 26
Registered
Topic starter
(@marcust)
Eminent Member
Joined: 6 years ago

So long story short I am living with my ex and our daughter we are separated and recently we went to court because she wanted me evicted so she could move her boyfriend in however she lost but it cost me 12 k in solicitor fees to stay in my own home.

As well as this HMRC are forcefully taking £500 a month from my wages for child support my ex claimed without my knowledge for 6 years.

I currently pay £1200 a month for the house and the bills we all live in and have just reduced it from £1500 in an attempt to pay back the large debt I built up with the Solicitor.

After reducing to £1200 she has now claimed child maintenance claiming I only have my daughter every other weekend. which is ridiculous yes we have an arrangement where we have our weekends with her but during the week we are in the same house and I spend time with my daughter. I work full time and my ex works part time at home so is seen as the primary carer and is able to do school runs and tea etc during the week.

I have spoken to CMS and they insist I must now pay £114 a week to my ex on top of everything else. This has put even more financial strain on an already difficult position .. what can I do ?

I already requested a reconsideration and a variation and the CMS person who was very rude and aggressive over the phone said both were pointless.

Regards

Marcus

9 Replies
Posts: 5384
(@dadmod2)
Illustrious Member
Joined: 6 years ago

hi,

for 6 years you were being made to pay maintenance. and you could not notice or stop this at all during those years?

if your court order mentions contact arrangements of every other weekend etc, then CMS will just run with that. other options you can do to reduce payments is paying into a pension. not sure what your future plans are but at some point she will leave with your child? then you will have to carry on paying child maintenance anyway.

have a look at this, info for claiming special expenses/variations, you may be able to get assistance due to mortgage payments:

https://www.citizensadvice.org.uk/family/children-and-young-people/child-maintenance/child-maintenance-2012-scheme/child-maintenance-reviews-and-appeals/the-2012-child-maintenance-scheme-what-to-think-about-before-you-apply-for-a-variation/

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Posts: 26
Registered
Topic starter
(@marcust)
Eminent Member
Joined: 6 years ago

Hi,

no for 6 years she was claiming child support without my knowledge, HMRC started chasing for it at the end of last year and are forcefully taking £500 a month from my salary via tax.

We have mediation booked in two weeks time, but I some how need to get a fairer child arrangement in writing.

I have the variation forms at no point does it mention these:
certain loans, debts and fees
certain financial expenses, such as mortgage and insurance payments.

I clearly need to factor these in.

M

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Posts: 26
Registered
Topic starter
(@marcust)
Eminent Member
Joined: 6 years ago

Mediation on finances was a total waste of time and she walked out as soon as child arrangements were mentioned.

Cms are demanding I pay £500 a month so we have now defaulted on the mortgage . I live with my daughter and there is a none molestation order in place she is telling cms I don’t ever have my daughter but just because I work full time and she does not I am being victimised.

She is lying and I have no clue what I am meant to do cms are refusing to see my side of this.

She has also applied to court to try and get a better equity split as well as her initial deposit back.

I am falling apart here

Marcus

Reply
Posts: 26
Registered
Topic starter
(@marcust)
Eminent Member
Joined: 6 years ago

Mediation on finances was a total waste of time and she walked out as soon as child arrangements were mentioned.

Cms are demanding I pay £500 a month so we have now defaulted on the mortgage . I live with my daughter and there is a none molestation order in place she is telling cms I don’t ever have my daughter but just because I work full time and she does not I am being victimised.

She is lying and I have no clue what I am meant to do cms are refusing to see my side of this.

She has also applied to court to try and get a better equity split as well as her initial deposit back.

I am falling apart here

Marcus

Reply
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