Child Maintenance Approved - woohoo!!!

[JEM44]

Hi guys, just wanted to give you all an update. I have posted here a few times trying to get my head around the possibility of getting a court order to enforce CSA payments from the UK once the children and I move to Australia in May this year.

 

So, the story was.... ex husband has no contact with his kids for over 4 years, regularly pays maintenance through the CMS since the charges came into force, before that it was with the CSA and was very sporadic, the CSA constantly rang me to ask if we had a date to move so that he didn't have to pay anymore.

 

So. Having been granted leave to remove, I started on a quest to see if it was possible to achieve an order for CSA, most thought it impossible, until today.

 

£210 paid to court, three forms completed along with all financial information dating to the year dot! MIAM (Mediation) attended, ex wouldn't engage. The District Judge was a bit perplexed as he had not come across this kind of "complex" case, on the basis that he had no jurisdiction where the CSA agreement was in place but could see my predicament when I leave the UK. Ex's solicitor wanted to dismiss the case on that basis that the CSA was in place, then would have no jurisdiction so it was just tough knickers!!!

 

Out came my research, and bam, we have a court order. Exactly the same as we have no (minus 15% for a new child on the scene with his new partner - cant complain at that I guess), and in place until they are 18 or leave high school (whichever comes last). I asked for 20 and still in education, ex wouldn't go for that. His attitude was they will be adults, they can fend for themselves. I wanted to check with the judge (secretly smirking) that the children could take their dad to court themselves from Australia for maintenance until they finish University (if they so wish), ex thought I was crazy, but Judge confirmed yes that was possible!!! Nothing like point scoring :-)

 

So, to sum up then, the judge made it clear that failure to pay regularly would result in the order being enforced with REMO (his poor solicitor nearly had a heart attack when I mentioned that one) and any costs incurred by me would be passed onto him.

 

All in alll a great day, I realise getting the payments may not be that easy, but first hurdle cleared and I am like the cat that got the cream. Oh, and his solicitor made a point of asking me to confirm that I will keep ex informed of the kids address etc so he can send cards etc. I pointed out that I had done all along and that he knew where we lived for four years and never dropped off a card so wasn't holding my breath for the future. I know solicitors are paid by one party, but it always amazes me how or why they believe their clients every word.

 

I've told the kids the outcome, both (teenagers) said fine, if we have to take him to court we will. Think they have seen how proud of myself I am.

 

Thanks for putting up with the longest post in the world

 

Laura

[ali]

Very interesting for those going through the same thing, I understand your glee at the outcome, but it's sad though reading your posts that situations come down to an element of point scoring (no offence intended but that's how the post made me feel).

[JEM44]

Very interesting for those going through the same thing, I understand your glee at the outcome, but it's sad though reading your posts that situations come down to an element of point scoring (no offence intended but that's how the post made me feel).

 

I quite agree about the point scoring, it was borne from two things:

1 when you represent yourself, solicitors treat you like you are stupid, gullible and they can get one over on you &

2 my ex husband wanted nothing more to do with his children when he met a new partner, so to know he legally can't walk away is all I have really to offer them support.

 

And i I know this is 3, but the personal satisfaction of knowing all my hard work paid off. I just hope it can give others hope.

Laura

[AJ]

Ok you won, but why do you need to gloat over it! It just makes you sound like a child getting something over their friend! Yes he hasnt seen his children but its your choice to take them to Australia where he cant see them even if he did want to so no wonder he was reluctant to pay for them.

[Parley]

I think it is pretty rare to continue getting maintenance while they are at university.

While it does happen occasionally most uni students have part time jobs. Many even study away from home and are totally self sufficient.

 

I think you are better served teaching them to be independent young adults rather than the mindset that it is up to someone else to pay for their upkeep.

[robfromdublin]

If the father has had no contact with his kids for 4 years and a history of not paying child support then I say the OP is entitled to be pleased that she has forced him to do so.

 

It would be a totally different story if she was taking his kids away against his will, and if he had an ongoing relationship with them.

[Sammy1]

Hi guys, just wanted to give you all an update. I have posted here a few times trying to get my head around the possibility of getting a court order to enforce CSA payments from the UK once the children and I move to Australia in May this year.

 

So, the story was.... ex husband has no contact with his kids for over 4 years, regularly pays maintenance through the CMS since the charges came into force, before that it was with the CSA and was very sporadic, the CSA constantly rang me to ask if we had a date to move so that he didn't have to pay anymore.

 

So. Having been granted leave to remove, I started on a quest to see if it was possible to achieve an order for CSA, most thought it impossible, until today.

 

£210 paid to court, three forms completed along with all financial information dating to the year dot! MIAM (Mediation) attended, ex wouldn't engage. The District Judge was a bit perplexed as he had not come across this kind of "complex" case, on the basis that he had no jurisdiction where the CSA agreement was in place but could see my predicament when I leave the UK. Ex's solicitor wanted to dismiss the case on that basis that the CSA was in place, then would have no jurisdiction so it was just tough knickers!!!

 

Out came my research, and bam, we have a court order. Exactly the same as we have no (minus 15% for a new child on the scene with his new partner - cant complain at that I guess), and in place until they are 18 or leave high school (whichever comes last). I asked for 20 and still in education, ex wouldn't go for that. His attitude was they will be adults, they can fend for themselves. I wanted to check with the judge (secretly smirking) that the children could take their dad to court themselves from Australia for maintenance until they finish University (if they so wish), ex thought I was crazy, but Judge confirmed yes that was possible!!! Nothing like point scoring :-)

 

So, to sum up then, the judge made it clear that failure to pay regularly would result in the order being enforced with REMO (his poor solicitor nearly had a heart attack when I mentioned that one) and any costs incurred by me would be passed onto him.

 

All in alll a great day, I realise getting the payments may not be that easy, but first hurdle cleared and I am like the cat that got the cream. Oh, and his solicitor made a point of asking me to confirm that I will keep ex informed of the kids address etc so he can send cards etc. I pointed out that I had done all along and that he knew where we lived for four years and never dropped off a card so wasn't holding my breath for the future. I know solicitors are paid by one party, but it always amazes me how or why they believe their clients every word.

 

I've told the kids the outcome, both (teenagers) said fine, if we have to take him to court we will. Think they have seen how proud of myself I am.

 

Thanks for putting up with the longest post in the world

 

Laura

 

Your post makes me a little uneasy to be honest, especially involving the kids, I am not into point scoring I guess.

 

I live in Australia and trying to get any child support over the past few years (from an Aussie based ex) has been near on impossible. I now look at it that if I do get something one year, then that is a bonus, but the reality is that there has been pretty much nothing for years, the system here is broken but I have focused on my own career and feel proud to have brought up my kids on my salary alone.

 

My kids happiness is number one and they of course have no idea about child support, as I don't want to burden them with adult issues - they are kids.

[AJ]

If the father has had no contact with his kids for 4 years and a history of not paying child support then I say the OP is entitled to be pleased that she has forced him to do so.

 

It would be a totally different story if she was taking his kids away against his will, and if he had an ongoing relationship with them.

There is a difference between being pleased and gloating!