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Advice please!!!

8 replies

chickybabe · 31/08/2009 10:09

Just a quick outline....

My H walked out with next to no explaination 5 weeks ago, then phoned me 2 days later to tell me he had met someone else. (I know for sure it wasn't going on when we were together). We have a 3 year old and a 9 year old.

He has moved in with her, he has no job and she is supporting him financially. Since he has left I have recieved exactly £10.

Its been a hell of a time, but the kids and I are adjusting and even though he's asked to come back I have realised I am happier without him and I could never forgive him for what he's done to our family.

What I've been trying to find out is if that odd law still exists with the CSA that says the OW's income has to come into consideration when working out maintaince for my children? I've always thought it was unfair, but I'm finding me stuggling to buy new school shoes for my dd while OW is buying my H all sorts, even more unfair. Any ideas?

OP posts:

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SheWillBeLoved · 31/08/2009 11:17

If they aren't married then you'll have a job getting her to cough up for your children.

They could very easily deny being together.

Found this on a website, applies to your ex partners new wife/husband, not girlfriend/boyfriend -

"A spouse regardless of gender is not legally obligated to support the biological children of the new spouse's previous marriages or relationships. But obviously if the children live with the parent and step parent it will be a shared commitment.

The salary or assets of the "innocent spouse" are NOT subject to garnishment or in any way considered pertaining to the payment of an obligated spouse's child support. However, if the married couple share a joint bank account commingled funds in most states would be subject to levy for child support payments. Additionally, all marital assets of couples living in community property states are considered to be owned equally. Therefore, the spouse not owing the child support could end up "paying". "

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FabBakerGirlIsBack · 31/08/2009 11:25

Why should she pay for your children?

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lilacclaire · 31/08/2009 11:29

Have you told him how much you are struggling, I presume he is getting JSA and he could give you something out of that.
You can get a grant from the local council towards the cost of school clothes, it works out around £50 each depending on the council.

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FabBakerGirlIsBack · 31/08/2009 11:29

Did he work when he was with you?

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beanieb · 31/08/2009 11:30

I really don't think OW's income makes any difference to any judgement by the CSA. My Sister's Husband's ex wife briefly tried to persue this and discovered that she had no right to claim any money from my sister. I think it's pretty awful to even consider that his new partner might have to make any financial contribution towardsthe children you have with her current boyfriend. Sorry

I think that quote must be from an American website as it talks about 'states' ?

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lilacclaire · 31/08/2009 11:31

Have you claimed all your tax credits etc since he's left, looked to see if you are entitled to housing benefit etc.

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zookeeper · 31/08/2009 11:38

I don't think they can take her income into account - there is a website called "entitledto" which is brilliant for helping you establish what benefits you may be entitled to if you are struggling..

Good luck