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Ask Clare Your Own Question
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34126
Experience:  25 years experience of all aspects of family law
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This is an interesting one. With regards to my completing

Customer Question

This is an interesting one.With regards ***** ***** completing Form A (Divorce) – my partner has debt problems and doesn’t want to pay Child Support. He failed to make his first payment on time and we are all chasing him for it. I know Child Services will do their best to enforce the monthly payments throughout 2016 but to keep my options open should I tick the box in Form A which says “there is no agreement… applying for payment for children in addition to already paid under Child Support agreement”.The reason I feel I have to do this, is because I gather you only get ‘one shot’ at court-derived child support (albeit just one year’s worth) and child support is not an apparent category of ‘income’ in Form E, nor have I asked for interim spousal maintenance, so there appears to be nothing a court could ‘adjust’ under D11 application if I miss this ‘opportunity’.
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.


Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Is the CMS (new CSA) already involved?

Customer: replied 1 year ago.
sorry where I say 'child services' I mean Child Maintenance Service who calculated his statutory payment, levied it, and he's ignoring them. I realise they can garnish direct from salary source, adding their enforcement fee and deducting a little from my payment (when I eventually get a payment). I just wonder that with my ex having so many debts, should I ask the court for child support (in addition) to cover all bases. I lost my earning capacity to bring up children. With little prospect of interim / spousal maintenance and if he seeks to avoid child support or if I overlooked asking the court, my only hope is a larger slice of whatever capital exists.
Expert:  Clare replied 1 year ago.

I am afraid that since the CMS are already involved the Court cannot deal with the matter.

In any event a Child Maintenance Order can only be made by the Court if both parties agree

Accordingly you cannot tick these boxes

Please ask if you need further details