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Do I have to pay my husbands child support if he becomes a stay at home dad?

(19 Posts)
Suffolkblush Wed 06-Jul-11 10:11:11

Hello all,

My husband and I are thinking about him becoming a stay-at-home dad whilst I go back to full-time work. He's throughly miserable at his job whereas I really miss mine! We're trying to work out whether it would be financially viable and I was wondering what the rules are on Child Support? My husband has a 5 year old son from a previous marriage - he's never missed a support payment and we're lucky enough to have a good relationship with his ex and her partner.

Would I be legally obliged as the main bread-winner to cover his child support payments the same rate? His ex is in a very stable financial position - Her overall household income is much more than ours however she's not married to her partner (who brings in the majority of money).

Even if I'm not legally obliged we have every intention of making a decent contributory payment although I might not be able to pay as much as he does on my wage... I don't want to risk souring the relationship with his ex at all so I thought I should find out more before we make a decision or approach her.

STIDW Wed 06-Jul-11 10:27:23

Child support is based upon the non resident parent's income not the income of their new partner.

Reality Wed 06-Jul-11 10:34:30

Message withdrawn at poster's request.

Truckrelented Wed 06-Jul-11 10:46:57

Perhaps he could offer to do more childcare for his son as he'll be at home?

Truckrelented Wed 06-Jul-11 10:54:39

Or ask to have him 50% of the time, and therefore have 50% of the costs.

allnewtaketwo Wed 06-Jul-11 11:01:33

You will have no legal responsibiity to do so. But in reality of course you will be contributing (over and above what you are planning to voluntarily contribute to the ex), because of course when the child is in your home you will be 100% providing for the child's needs financially.

Yes your DH will not be contributing financially, but as others have said, he will have the opportunity to contribute more in other ways. That imo is the same situation as a mother who goes on to have more children and gives up work.

Suffolkblush Wed 06-Jul-11 12:30:29

Thanks for the comments everyone. We have a DD of our own and we're very much hoping that his son will be able to spend more time with us as DH is desperate to be a more involved father. At the moment his job means that we live about 1.5 hours south of his son, whereas my job is about 40 mins north. By moving closer to my work DH will be in a position where he could offer much more of his time (at the moment he works shifts so we're restricted to w-ends when he gets them, school holidays or we try and drive up once a week to spend the evening together). Here's hoping we can off-set some of the financial investment with time!

sneezecakesmum Wed 06-Jul-11 23:32:22

Sounds like a win-win situation for you al suffolk!

HauntedLittleLunatic Wed 06-Jul-11 23:35:47

<I thought child maintenance was based on household income of nrp?>

<<happy to be proved wrong...actually I'm not cos I was hoping I would get some maintenance from xp when he finally shacks up with ow and has her income in the household...>>

allnewtaketwo Thu 07-Jul-11 07:56:04

Haunted is he not employed now?

HauntedLittleLunatic Thu 07-Jul-11 09:11:31

Yup - self employed low wage. Should be paying me £10 a week...but that is yet to materialise. Not pushed it hard because I don't actually need it.

That bit was a semi flippant comment tbh.

Reality Thu 07-Jul-11 09:16:23

Message withdrawn at poster's request.

HauntedLittleLunatic Thu 07-Jul-11 10:08:29

Fair enough.

Bit unfair that his income will have to provide for her children if/when she moves in, but her income doesn't get taken into account the other way round IYSWIM.

Never mind. I don't need it. I had sense to protect my assets before I left so consequently in a FAR FAR better position than him financially even though I am not working. Not that that will always be the case.

Reality Thu 07-Jul-11 10:13:16

Message withdrawn at poster's request.

Marne Thu 07-Jul-11 10:18:06

Dh was a stay at home dad after dd1 was born and i returned to work, he has 3 other children (with ex), he didn't have to pay anything as he was not working and my wages were not considered. It is confusing and maybe wrong hmm. We still offered ex wife money to help with clothing, school trips ect which came from what i was earning (but we didn't have too).

allnewtaketwo Thu 07-Jul-11 12:29:57

"Bit unfair that his income will have to provide for her children if/when she moves in, but her income doesn't get taken into account the other way round IYSWIM"

Do the children spend time in their house though? Because if they do, then she most definitely will be contributing towards them

HauntedLittleLunatic Thu 07-Jul-11 12:35:52

It is a theoretical at the moment so no.

allnewtaketwo Thu 07-Jul-11 12:45:43

But if/when she does move in, will the children spend time in the house?

HauntedLittleLunatic Thu 07-Jul-11 12:51:53

A night a week - which is taken into account in the maintenance he should in theory pay.

Like I say - not fussed by the financial aspect of it - more seems a little unfair.

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