New CMS case - need advice

[The Phantom]

I am divorced from my husband who is living with his new girlfriend.

 

I am the carer of our two children.

 

When we got divorced the agreement was that he pays £300.- per month and has the kids for two nights per week.

 

He at some point shortened it to £200.- and told me that's all I am getting.

Financially I could cope with this reduction and left it at that to avoid any hassle with him.

He then paid £200.- on the first of every month but started to have the kids less than 2 nights a week,

he would have them willy nilly when it suited him.

I asked him to stick to the agreement or pay more maintenance.

He declined to do either and told me to sue him if I wanted anything.

 

I decided to start a case with the CMS and paid £20.- for the privilege.

They assessed his income and his personal circumstances and decided he should pay around £90.- more per month, based on him having the kids for at least 52 night per year.

he has been told to pay me £289.- on the first of every month, but starting on the first of December, not the first of November.

 

I am now a bit concerned that he won't pay anything on the 1st of November, which would leave me short that month.

His last payment was on the first of October.

going by the CMS he doesn't have to pay anything for eight weeks.

 

If he fails to make a payment on the first of November and says the that's in accordance with the CMS,

 

 

can i still pursue the missing payment for November through other channels,

i.e. Small Claims court or would that be a waste of time ?

 

Strictly speaking he has underpaid for a while and now he gets a free month on top of it ?