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Change in child maintenance due to XH's new baby

(18 Posts)
cousinsandra Mon 01-Dec-14 13:23:02

Would really appreciate any advice from anyone in the same position.

XH's new partner has just had a new baby and announced that his monthly payment to me will decrease as a result. When we divorced I said I was happy to follow CSA guidelines (although it is not administered through them). It never even occurred to me that he would go on to have more children so I didn't put any conditions on that agreement, was not advised to by solicitor. He says that he is following CSA guidelines as we agreed. I feel that he's just being tight as usual.

Do you think I should pursue this via solicitor? On the divorce papers it says 'to follow CSA guidelines' re. monthly payment but obviously I was unaware of the ins and outs of it.

GraysAnalogy Mon 01-Dec-14 13:29:28

From what I understand if you follow CSA guidelines it will drop if another child is brought into the equation.

I would first make sure that he's been paying you enough in the first instance.

SpottedTent Mon 01-Dec-14 13:33:13

Hello, yes that is the case, but not by a lot. A CSA calculator exists somewhere online if you know how much your ex earns which should give you a steer.

cousinsandra Mon 01-Dec-14 13:33:27

I know that it drops, but what I'm saying is I agreed the amount based on our kids without considering that he would go on to have others! Am I in a position to say he has to stick to the original percentage regardless of his lifestyle choices?

GraysAnalogy Mon 01-Dec-14 13:36:16

Well if you were happy to abide to CSA guidelines before it would seem a bit daft that you're not happy with them now. You shouldn't have assumed he wouldn't go on to have further children. It's bloody annoying for you and hard because it may mean less money, but it'd be the same if you went on to have another child.

It completely depends on what his finances are, thats why I said you should first make sure he was paying you enough according to CSA guidelines in the first place.

EveDallasRetd Mon 01-Dec-14 13:43:41

The 'new' child is just as important as the 'existing' child. If he is paying you what he can afford then it would be wrong for him not to take his new child I to consideration - it's not the childs fault.

It shouldn't be that much of a drop, 5% I think?

Yes it would be nice and decent of him to keep paying the same amount as always, but maybe he simply cannot afford to any more. His new partner will require his support as much as you did.

cousinsandra Mon 01-Dec-14 13:55:53

I'm not suggesting the other child is less important, thanks, but he can afford to pay fairly - he doesn't even work full time (by choice). I feel that he made a commitment to pay a percentage to his 3 kids.

I work myself and am not expecting him to keep me in some kind of swanky lifestyle. I will have to make further sacrifices if he does not pay what he agreed to.

All I'm asking is if others have been in this position and what their advice is. I get that I agreed to CSA guidelines, I get that the new baby is as entitled to financial support as my own children and I get that the father should not be bankupted in the process. What I'm need to now is that if agreeing to the guidelines in principal means the amount.

GraysAnalogy Mon 01-Dec-14 14:00:38

No agreeing to the guidelines in principle would be the guidelines which state what percentage is given in regards to how many children are involved. That's what I would have thought when you agreed to following guidelines.

If he has followed CSA guidelines and has been paying you the exact right amount, if you tried to pursue him to keep giving you the same amount of money now he has another child, then he could fight it. CSA (or CSM now I believe) would take into consideration his new child and would therefore tell him to make reduced payments.

GraysAnalogy Mon 01-Dec-14 14:01:03

CMS*

Micah Mon 01-Dec-14 14:01:09

Thing is, as I far as I know, the csa has the power to overrule any agreements, even those agreed in a divorce court.

You can't make him pay any more than the csa amount. It doesn't matter what you have agreed to in the past. Even if you had considered he might go on to have more kids and agreed a set amount, it can still be over ruled by the csa.

So no, there's nothing you can do.

Whatever21 Mon 01-Dec-14 14:18:09

He is sadly right - he has obligations to his new child and also to his old child and currently the law says he can drop his payments for his old children to cover the cost of his new child.

It is the concept that because he has a new child, that his old DCs are suddenly costing 5-10% less than they were to you. The argument that in a normal family, when a child comes along the monies get shared - is irrelevant, the burden of his share of his old childrens costs - just get dumped on you.

It sucks!

cousinsandra Mon 01-Dec-14 14:23:15

Thanks for your replies - yes you're right, there's not much I can do. Apparently even if we had a court order detailing the exact amount (ie, not adhering to CMS guidelines) that is only valid for a year!

I'm not a money grabber, but I feel a bit jipped!

GraysAnalogy Mon 01-Dec-14 14:25:31

I don't blame you OP, you don't seem like you're a money grabber at all but obviously you're going to be peeved that potentially you're going to be financially worse off through no fault of your own. I hope the reduction isn't too much.

yummytummy Mon 01-Dec-14 14:30:44

Hi I am in similar position. Exh has new baby due in few weeks. However this all happened even before the divorce has been finalised so we are technically still married. Either way my solicitor said any maintenance has to now be divided three ways my two kids and his new one. Existing csa payments are adjusted but not by a huge amount. It really sucks I know I also thought he would never have more kids certainly not impregnate someone a month after leaving.

cousinsandra Mon 01-Dec-14 14:51:17

Sorry to hear that yummy - at least I don't have any personal emotional involvement with XH. It must be very painful for that to have happened so quickly.

yummytummy Mon 01-Dec-14 14:56:08

Yes it has been very painful lots of ongoing court issues etc. Do you have a solicitor? They can advise on such issues

NeedsAsockamnesty Mon 01-Dec-14 18:58:11

Have you used the calculator to see how much it drops by? Sometimes it can be a tiny amount.

The last thread on here about this it was less than £2 a week decrease.

MissWimpyDimple Tue 30-Dec-14 23:25:58

My ex suddenly had three new ones! Twins and a DSS. bloody brilliant hmm

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