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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 has been the response from the Competition and Markets Authority (CMA)?

The CMA is the government body that is responsible for protecting consumers from unfair trading practices. It has announced programme of work to investigate reports of businesses failing to respect cancellation rights during the Coronavirus pandemic.

Based on the complaints received by them from consumers, the CMA has identified three sectors of particular concern:

  • Weddings and private events
  • Holiday accommodation
  • Nurseries and childcare providers

The CMA has expressed concern about the number of complaints that it has received about businesses seeking to retain deposits for cancelled events, undue restrictions being placed on use of vouchers provided for cancelled bookings, and payments being demanded to hold open nursery places.

The CMA has said it will prioritise investigation of these sectors, and then move on to other sectors.

What should I be mindful of in relation to pregnant workers? Is there a right to suspend?

Yes, but as a last resort. In summary, the law requires employers:

  • to assess the workplace risks posed to new or expectant mothers or their babies;
  • to alter the employee’s working conditions or hours of work to avoid any significant risk to them;
  • where it is not reasonable to alter working conditions or hours, or would not avoid the risk, to offer suitable alternative work on terms that are not “substantially less favourable”;
  • where suitable alternative work is not available, or the employee reasonably refuses it, the employer should consider whether it is appropriate to suspend the employee on full pay.
How do I go about registering a death at this time?

The Government has introduced legislation to expand the list of those who can register deaths to include Funeral Directors who are dealing with the funeral arrangements and who has been authorised by a relative of the deceased to register the death. Also, the medical cause of death certificate can be emailed to the Registrar’s office and arrangements made to have a telephone appointment to provide the Registrar with information to register the death. The requirement to attend the Registrar in person to sign the Register has been relaxed so that this is not necessary. It will however still be necessary to register the death within 5 days.

VIDEO EXPLAINER: Removing healthcare workers from the front line – the dos and don'ts

Specialist healthcare lawyers from Ward Hadaway ran a free webinar looking at the practical and legal considerations if required to treat healthcare workers from a BAME background or other vulnerable groups differently in the fight against the Covid-19 pandemic.

Court proceedings have been issued. What happens to the court timetable?

The parties to litigation should still take the steps they have been ordered to take and comply with any Orders made by the court. If for any reason it looks as if a direction cannot be complied with because of the Covid-19 virus then an extension of time can be agreed with the other party (up to 28 days) or through the court. We are aware that Orders have been made extending the time for certain steps to be taken by 56 days.