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Child maintenance

(6 Posts)
Dopey12 Wed 31-Dec-14 11:17:06

Will I still get child maintence if I remarry??

STIDW Wed 31-Dec-14 11:41:25

Yes!

LadySybilLikesSloeGin Wed 31-Dec-14 12:08:44

Maintenance is for your chid (and costs relating to them), not for you. The only way your ex is eligible to stop paying is if your new dh adopts your DC IIRC.

FlowerFairy2014 Thu 01-Jan-15 17:26:21

Depends who the children live with and what any financial order says about the children. Plenty of children live with the other parent and the non resident one pays. Do they live with you? Would they hate your new partner so much that would make them move to live with their father and then you pay their father child maintenance for them?

heidiwine Thu 01-Jan-15 18:11:18

Take some legal advice. My DP has an unusual divorce settlement (where child and spousal maintenance are combined). If his ex remarries it nullifies the whole settlement. So, without seeing the specifics of your settlement no one can be sure what will change. If your children live with you then their dad is obliged to pay maintenance for them (regardless of any maintenance you might receive)

STIDW Sun 04-Jan-15 20:44:26

It isn't worth the expense of seeking legal advice if this is a CSA/CMS case. CM Options can advise.

Normally the CSA/CMS is responsible for handling child maintenance claims. Child maintenance can be agreed in a consent order but the courts have no powers to impose a court ruling for child maintenance or a variation - see s8 Child Support Act 1991. So the court can't vary the amount on remarriage or for any other reason.

The exceptions to this is when an order predates March 2003, there are step children, one parent lives abroad, children over 18 in education or training or a consent order making provision for child maintenance is less than 12 months old.

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