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What happens when not married parents spilt up to cms or support when one person is extremely wealthy?

144 replies

Whatif1 · 25/02/2024 17:02

So obviously the legal protection is not there, property cannot be split etc but if they share 50/50 custody is there any financial support expected from the wealthy partner or anything at all legally?

OP posts:
coodawoodashooda · 25/02/2024 17:04

No.

MyGooseisTotallyLoose · 25/02/2024 17:05

No that's what marriage does as a legal thing!

Boomer55 · 25/02/2024 17:05

No, but if you have children, you should be able to receive child maintenance.

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TeaKitten · 25/02/2024 17:06

Boomer55 · 25/02/2024 17:05

No, but if you have children, you should be able to receive child maintenance.

Not if it’s 50/50 care.

Whatif1 · 25/02/2024 17:06

@Boomer55 even in 50/50 split?

OP posts:
MississippiAF · 25/02/2024 17:06

No. Not married = no legal connection.

Child maintenance only, but it’s capped at a set salary level and based on nights so can be zero if 50/50

Whatif1 · 25/02/2024 17:07

@MississippiAF what's a set salary level

OP posts:
Whatif1 · 25/02/2024 17:09

If the person was extremely well off and on v good salary, would there be zero obligation

OP posts:
mitogoshi · 25/02/2024 17:09

There's basically a ceiling level for statutory child maintenance, even if your income is higher you only get that court ordered though the non resident parent can choose to pay more of course

MyGooseisTotallyLoose · 25/02/2024 17:11

A proportion of their wage. I think I'm right in thinking the oft written here that the 'richer' parent has to pay so the dc have the exact same lifestyles in both homes is wrong?

TeaKitten · 25/02/2024 17:11

Whatif1 · 25/02/2024 17:09

If the person was extremely well off and on v good salary, would there be zero obligation

Use the CMS calculator OP and see what it says, there might still be a small amount of care is shared 50/50

MississippiAF · 25/02/2024 17:13

All of this is on the CMS website

There are no different rules if one person is wealthy.

You can add the figures into the calculator for a close example
of how the CMS would reach a figure.

BernadetteStBernard · 25/02/2024 17:13

In my experience, if the care is 50/50 CMS view this as equal shared care and neither party can claim from the other.

Whatif1 · 25/02/2024 17:16

And what about other "obligations if one party will have to rent a very small property whilst the other owns 4 houses etc.
If not cms is there any other obligations?

OP posts:
LiveOutLoudRose · 25/02/2024 17:17

Please ignore all the above, where there is a wealthy partner you can bring a claim for the children under TOLATA or Schedule 1 Children Act. You need to speak to a solicitor. (I should add they don’t have to be wealthy per se, but that’s where it is worth making such a claim).

MississippiAF · 25/02/2024 17:18

Whatif1 · 25/02/2024 17:16

And what about other "obligations if one party will have to rent a very small property whilst the other owns 4 houses etc.
If not cms is there any other obligations?

There is nothing, no. A wealthy person doesn’t have to give someone they are not married to, anything. Why would they?

This is what marriage does.

Asking the question again will not result in a different answer.

tomago · 25/02/2024 17:20

I'd go and see a solicitor as it is possible to get more

RandomMess · 25/02/2024 17:22

What LiveOut said it is possible.

TeaKitten · 25/02/2024 17:24

MississippiAF · 25/02/2024 17:18

There is nothing, no. A wealthy person doesn’t have to give someone they are not married to, anything. Why would they?

This is what marriage does.

Asking the question again will not result in a different answer.

Actually the CMS calculator suggest the other parent may have to pay something even if it’s 50/50 🤷‍♀️ OP needs legal advice rather than mumsnet advice because it’s confusing.

Luckydog7 · 25/02/2024 17:25

Actually if there is a large wealth disparity then you can receive maintenance on 50/50. It might be harder work though.

MyGooseisTotallyLoose · 25/02/2024 17:25

Whatif1 · 25/02/2024 17:16

And what about other "obligations if one party will have to rent a very small property whilst the other owns 4 houses etc.
If not cms is there any other obligations?

Obligations for what? Is the house liveable? Will the dc have appropriate bedrooms?
Is the less well off parent maximising their income and earnings?

MississippiAF · 25/02/2024 17:26

TeaKitten · 25/02/2024 17:24

Actually the CMS calculator suggest the other parent may have to pay something even if it’s 50/50 🤷‍♀️ OP needs legal advice rather than mumsnet advice because it’s confusing.

Yes, I’ve said that above

Op was asking if there was anything else outside of CMS

Chocolatebuttonns · 25/02/2024 17:26

TeaKitten · 25/02/2024 17:24

Actually the CMS calculator suggest the other parent may have to pay something even if it’s 50/50 🤷‍♀️ OP needs legal advice rather than mumsnet advice because it’s confusing.

It does, but it's not actually the case. The guidance is clear that nothing is payable.

Flowerfairie · 25/02/2024 17:27

Technically no, you’d get nothing whatsoever. However, there have been some cases of success - you need to see a very good solicitor for info on your specific case as there’s loads of factors.

OdinsHorse · 25/02/2024 17:28

MyGooseisTotallyLoose · 25/02/2024 17:11

A proportion of their wage. I think I'm right in thinking the oft written here that the 'richer' parent has to pay so the dc have the exact same lifestyles in both homes is wrong?

I think you are correct, and that the other parent does not (and should not) have to give the poorer parent money to raise their living standards