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Really struggling to get advice. Recently been through final hearing. I am unable to meet the order due to not receiving my salary. I have been summoned back to court within the month - how can I pay if I physically don't have the money.
Also during the final hearing - she was requesting a combined payment of spousal and child maintenance and was granted just under the request made. She requested £1500 and got £1000. The next day she then put in a claim via CMS for another £500+ - how can this happen ?
If you cant pay you simply cant pay. They cant really do more than that unless you have significant assets which could be liquidated.
What you should do is make a statement and propose what you can afford. No court should leave you destitute.
You should go back to court and explain the lengths you ex has taken to also claim through CSA when spousal and child maintenance were already addressed. You should inform the CSA a court order has already been drawn therefore no payments should be considered until they have read the court order. Send them a copy. Also if you dont have any salary you should let them know of this.
BW
Hi There,
I agree, Attend court and offer an amount that you can afford, as long as you are being reasonable I would hope the judge would be.
As for CSA I would write to them and explain there is a court order in place as far as I am aware if there is a court ordered financial settlement in place the CSA/CMS have no case, I would double check this with the judge as well though.
GTTS
Throughout court hearing the issues were stated as Combined payment - spousal and child. The order says Period Payment - CMS are saying this means to them spousal only hence they will progress with the claim. Just found out to revisit court to get the wording/payment altered is another formal process with another fee at £250 - unless the CMS look at the case bundle which does show her claim was for both!!! And I have no money - feel like going round in circles!!
I would get that in writing from the CMS - it may be something you can then take back to court. If the court intended that the £1000 per month included child maintenance, then I can't see that they should have any issue with reducing the order by the amount of the CMS order - the overall total is the same as they intended. The £250 cost is a bit of a [censored], but you'd save that in 2 weeks if you can get it resolved.
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