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My ex-partner will not pay me any money for our children, what can I do?

Child maintenance is a payment made by a parent with whom the child does not live with (or with whom the child lives with less often) to the parent who the child usually lives with.

Parents are encouraged to make their own arrangement, agreeing how much child maintenance ought to be paid and then arranging the payments directly. However if a parent refuses to pay, the first port of call is often the Child Maintenance Service (CMS).

As a starting point, it provides a free “no obligation” calculator on its website allowing you to calculate for yourself how much child maintenance you ought to be receiving. If you do not have enough information to use the calculator, you can ask the CMS to carry out a formal assessment. There is a charge for this service but the CMS can access your ex-partner’s tax records to see how much they earn to produce an accurate assessment.

Once you have a calculation, you can see whether your ex-partner will voluntarily agree to pay this amount. If they still refuse, you can use the “collect and pay” service through the CMS in which the CMS will collect the child maintenance payment from your ex and pay it to you. There is however a cost for using this service so it is best to try arranging it yourself if possible.

Related FAQs

What happens if the injured person cannot speak to a lawyer?

We are quite used to situations where the injured party is unable to speak because they are in ITU or have suffered a brain injury. In a case like this we would speak to the person wishing to represent the injured party and give the relevant advice and information to enable them to begin the claim on the injured persons behalf.

Do I still have to pay business rates?

The Chancellor has announced that all retail and hospitality firms will be exempt from paying business rates for 12 months in a bid to combat the financial damage caused by the outbreak.

This covers pubs, restaurants and shops. After initially covering businesses with a rateable value of less than £51,000, this has now been extended to cover firms of any size, “irrespective of rateable value.”

Smaller businesses have also been offered the option of a £25,000 grant to cope with the impact of coronavirus.

Since the announcement, the Government has also introduced a wide-ranging package of targeted measures to provide financial support to businesses during the coronavirus crisis.

Who is eligible for CBILS?

To be eligible for CBILS, the British Business Bank has confirmed that businesses should be able to answer YES to the following points:

  • Your application must be for business purposes
  • You must be a UK-based SME with an annual turnover of up to £45m. This includes sole traders, freelances, body corporates, limited partnerships and limited liability partnerships. For sole traders to be eligible it is expected that sole traders will need to have a business account with its funders and not be operating via a personal account
  • Your business must generate more than 50% of its turnover from trading activity
  • Your CBILS-backed facility will be used to support primarily trading in the UK
  • You wish to borrow up to a maximum of £5m.

Businesses meeting these criteria from all sectors can apply save for Banks, Building Societies, Insurers and Reinsurers (but not insurance brokers), the public sector including state-funded primary and secondary schools, employer, professional, religious or political membership organisation or trade unions which are not eligible.

Your borrowing proposals must be considered viable by the relevant lender under normal circumstances aside from the Covid-19 outbreak, and the lender believes the provision of finance will enable the business to trade out of any short-to-medium term difficulty. Lending decisions are delegated to the accredited lenders and lenders will need further information to confirm eligibility.

The eligibility criteria for CBILS does not require lenders to take into account other forms of Government support that SME’s may already be benefiting from, most notably business rate relief.

We understand that ownership structure is not taken into account when confirming eligibility and that businesses back by a PE funder or a subsidiary of an overseas entity can be eligible if it meets the other criteria.

An update on eligibility – 3 April 2020

Previously, for facilities above £250,000, the lender must establish a lack or absence of security prior to businesses using the Scheme. The requirement for insufficient collateral has been removed allowing those SMEs who are considered to have sufficient collateral to access the Scheme. We would expect that where security is available, a lender will seek to take security over the relevant assets.

Coronavirus Statutory Sick Pay Rebate Scheme

The Coronavirus Statutory Sick Pay Rebate Scheme will repay employers the SSP paid to current or former employees and will be available from 26 May 2020. See here.

The scheme covers all types of employment contracts and employers will be eligible to claim if they:

  • Are claiming for an employee who is eligible for sick pay due to coronavirus
  • Had a payroll scheme that was created and started on or before 28 February 2020
  • Had fewer than 250 employees on 28 February 2020

The repayment will cover up to 2 weeks starting from the first qualifying day of sickness, if an employee is unable to work because they either:

  • have coronavirus (COVID-19) symptoms
  • cannot work because they are self-isolating because someone they live with has symptoms
  • are shielding and have a letter from the NHS or a GP telling them to stay at home for at least 12 weeks
  • have been notified by the NHS or public health bodies that they’ve come into contact with someone with coronavirus
  • they have been notified by the NHS to self-isolate before surgery

You can claim for periods of sickness starting on or after:

  • 13 March 2020 – if your employee had coronavirus or the symptoms or is self-isolating because someone they live with has symptoms; or
  • 16 April 2020 – if your employee was shielding because of coronavirus.
  • 28 May 2020 – if your employee has been notified by the NHS or public health bodies that they’ve come into contact with someone with coronavirus
  • 26 August 2020 – if your employee has been notified by the NHS to self-isolate before surgery

Employees do not have to give you a doctor’s fit note for you to make a claim. But you can ask them to give you either:

  • an isolation note from NHS 111 – if they are self-isolating and cannot work because of coronavirus
  • the NHS or GP letter telling them to stay at home for at least 12 weeks because they’re at high risk of severe illness from coronavirus
  • the evidence from the NHS or public health body requiring them to self-isolate

You must keep the following records in relation to a claim you make under the scheme for three years:

  • The reason for the employee’s absence
  • Details of each period the employee could not work, including start and end dates
  • Details of the SSP qualifying days when the employee could not work
  • National insurance numbers for each employee you have paid SSP to

You’ll need to print or save your state aid declaration (from your claim summary) and keep this until 31 December 2024.

Are there alternatives to divorce?

Divorce is the main way to legally recognise that a marriage has come to an end. It allows the court to separate a couple’s finances and once granted, the parties are legally separate and able to re-marry again in the future.

Annulments are sometimes an option. Whereas divorce ends a marriage, annulments declare the marriage was not valid in the first place. The grounds for seeking an annulment are very fact specific (such as a lack of consent to marriage) but if it is granted, the parties are separated and it is as if they were never married. The court can however make financial awards similar to those in divorce proceedings after an annulment.

Sometimes couples may not wish to divorce but want legal recognition that they have separated. In such circumstances, they may consider a Judicial Separation. This grants the court powers to make some financial orders similar to those it can make on a divorce (such as spousal maintenance) but not all orders (such as pension sharing). With a Judicial Separation, the parties remain married so they cannot remarry and either party may seek a divorce at a later date.

A final option is to separate but not obtain a divorce. The court will not make any awards so the parties remain married but the parties can enter into a separation agreement regulating their finances. However, if either party seeks a divorce in the future, the court is not bound by the separation agreement and may decide to regulate the couple’s finances in a different way than was previously agreed.