[Solved] Financial support and information: ask your questions here

Hello, just found the group 🙂 had a good look round and it seems that I’m not alone (as first thought)

My situation.

Have 2 girls (18,15) from first marriage and new baby(7 months) from second wife. Since split 9 years it was always every other weekend to have the 2 girls (Friday evening till Sunday evening) then the arrival of new baby 7 months ago caused my eldest to stop coming to see me. Middle girl (15) then decided that she wanted to spend her months equally between myself and her mother. Initially the mother was reluctant, but after discussion that it was now (15’s) choice as to where she spends her time, she agreed. But nothing was set in stone. It’s been 2 months now. After this set up was put into practice, I informed her that maintenance would change to reflect time spent with me, so she had me reassessed by cms, but didn’t inform them of the new arrangement. I received my new payment plan. This morning my ex wife text me to say ‘as we are now equally sharing care of (15) she would now expect me to pay half for school uniforms. Fine. So I rang cms, to ask whether the payment plan now included 50/50 shared care of (15) to which they replied no. ‘We will contact ex wife to confirm’ ...to which she then said ‘15 is only at her fathers now 3 nights a week’ effectively lying to the cms. Is it worth going with a court order, or is there another method available.

Sorry for the long message.

Hello End o'tether,
A court order should be your last resort. Is there any way you can talk to your ex. It may be she has made a mistake calculating the amount of time your 15 year old spends with you. If you have an agreement with the CMS, keep going through them as you have done. Speak to her first and give her the chance to notify the CMS. I would give her a week. deadlines always help focus, and take the emotion out of it.
I'm going to send you a direct message. Good luck

Hi End O'Tether, from what you've told me, you are going to need to go through the CMS, I would advise this, and let your ex partner know that feel the scenario she has given to the CMS is not the correct one. If you feel
I'm sure you are away of the contact details.You need to speak to them and explain what is happening, that a dispute is occurring. Is there any evidence that your 15 year old is spending more time with you. If you can back up what is going on, and present it to your ex. You need to attempt to go through the CMS, I would suggest going back to your ex and saying you are considering going the court route. It might help focus her. Please keep us posted.
Child Maintenance Options
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How to I get help with solicitor fees? I split from my ex over 2 years ago and at first I was allowed to see my daughter but on her demands when she wanted me to and at her house with her there I wasn’t allowed too take my daughter out anywhere unless she came with us. I had a accident the new year after our split a fire work exploded in my face and I was in hospital for some time on a burns unit at this point I had a new partner and my partner signed too be my carer this is when my ex refused me to see my daughter I seemed medition and she refused to turn up so on to court it went I had a anxiety attack and my exes solicitor got the case thrown out instead of rescaled, I seeked medical advice too help my anxiety after my attack and tried to contact my exe for contact of my daughter but she moved house and changed her number, I don’t know any of it, I messaged on social media but I was always blocked, if see my daughter out with her mum and everytime I tried to speck to my daughter me ex would shout no and tell me to go away, a year later me and my partner had a baby and wen to register at children centre to be told my daughter is registered with my partner and our baby at our address which caused concerns for me I asked and asked and was told to seek social service advice which I did they told me to apply for birth certificate of my daughter as I am named on it, I did this. I was told to request my daughters reports which I did and I was decline to see them, I don’t know why, I see my daughter again last week and I stopped too speck and my ex turned her around and told her she wasn’t allowed too talk or look at me, I want to seek solicitor advice again but fees are to much, I’m currently on sick again from work due to my anxiety getting worst because of all this, all I want is access to my daughter I want to see her, I use to send her birthday and Christmas presents until it came to light my exe was selling them, and now I’ve been told she is using drugs which will explain why she looked so rough to my partner when she saw my ex the other week and the kids looked tired and not bathed in a while, my partner keeps a diary of everything and she still has evidence of last year before court what was meant for court that includes voice recordings, screen shots of messages and social media statuses, photos of bruises she left my partner when she attacked her and made my partner miscarry, photos of foot prints left where she would try and kick our door in, I am so concerned for my daughter which is making me worst, I just want her here with me please anyone if you can help

I'm afraid there is no assistance available for legal fees. You can represent yourself, and we can help you on here with that, or you could use a MacKenzie friend to guide your through, which will cost you much less than a solicitor.

Hi yes, Egar - sorry to hear this. I would make use of the boards here. There are also some guides which might help. https://www.moneyadviceservice.org.uk/en/articles/your-options-for-legal-or-financial-advice-on-divorce-or-dissolution

Hi, hope you can assist with a general question regarding financial support etc.

I am currently paying CMS for my daughter and have been for some time.

My parents have just passed away and have left some inheritance.

It would appear that my ex now wants some of this even thought am paying quite a bit already in CMS payments. Is this possible and if so, on what pre-text?

Many thanks for your helpful reply.

Kind regards

Hello there - sorry for your loss.
However if both your parents have passed away there may be an IHT bill - has the estate gone through probate? This is essentially the legal process when someone dies. If just one parent had passed away the estate (if that parent had made a will) gets passed to the surviving parent without a tax bill.
I'm assuming this might have happened.
I don't think your spouse, or your children are legally entitled to any of the money - after the tax bill is paid. Although it depends what your settlement was.

Many thanks for the quick reply Samantha.

Yes, its all gone through probate and all the IHT/HMRC is all sorted.

Dav3uk

If you’re wondering where your question is, I’ve moved it to it’s own topic the title is “Financial implication of Divorce”.

I’ve done this because, as Samantha is no longer with us, I’m going to lock the topic, and in doing so you wouldn’t be able to respond to the replies you’ve received, if you wished to.

All the best