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Child maintenace and redundancy

(10 Posts)
Toffee1234 Sat 20-Jun-15 03:36:49

Hello. Just requesting your thoughts. My ex was made redundant in May and paid lump sum £150k. Maintenance has only been sorted but he's told me he doesn't have to pay as he is unemployed. Csa looking into this but wondered of you had an opinion. He currently gives me £50 per week for children. I am not wanting lump sum or anything, just to know if he has to start paying what maintenace have said he should (they are basing this on his previous job which was approx 100k per year)

Bellemere Sat 20-Jun-15 07:20:10

If he doesn't have a job, then no. Maintenance calculations don't usually include redundancy payments. I would ring the CMS for their advice and ask about a variation.

LotusLight Sat 20-Jun-15 12:37:21

If there is a court order sayign he must pay X and he stops then that is illegal. instead he has to apply to the court to vary the order if he falls on hard times. If there is no court order then yes he can change what he pays.

worridmum Sat 20-Jun-15 13:03:39

and sadly for CSA it does not take into account reduency pay so unless he has employment he could get reassed by CSA for his new wage (aka 0 ) and possible only have to pay £5 out of his unemployment benifet etc

Court orders for child maintance normally only last for 1 year then after that ether parent can uniliatral change the agreement and go to CSA (even if it provides a lesser amount or oppsiste etc)

Mumblechum1 Sat 20-Jun-15 15:39:13

You could apply for a secured provision order but these are very unusual.

LotusLight Sat 20-Jun-15 16:53:03

worr. is right about the 12 months. Our court order says I pay for the children (and 5 sets of school fees) but I could have after one year gone back to the the CSA or whatever it is now called to obtain some kind of child maintenance for the children but it was not worth the hassle.

Collaborate Sat 20-Jun-15 18:57:13

Pay in lieu of notice will still count as income.

Toffee1234 Thu 25-Jun-15 20:34:41

Thanks so much all. Was a shot in dark. He's in past five months been to Dubai twice, Greece, Spain golfing and Palm Springs and has a week visiting friends in Denver next week. Luckily I can support them! Appreciate your time xx

lostdad Fri 26-Jun-15 10:17:37

If he doesn't have an income he doesn't have to pay maintenance (that is to say if he is on benefits he is liable to pay £20 a month).

You say you are not looking for a lump sum but there is provision for this under Schedule 1 of the Children Act.

Toffee1234 Fri 26-Jun-15 22:00:33

Hi lostdad what is this?

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