to think this is a fair deal instead of child maintenance?

[Busybecca]

I'm leaving DH. He currently pays £395 in maintenance for his two DC from a previous relationship. If my calculations are correct, I think in total he'll have to pay £640 in maintenance so £320 to his ex and £320 to me (willing to be corrected if I'm wrong - not sure if I'll get a higher proportion because we'll have three DC?)

The house I'm moving to is two miles from school and I'm due to have our baby on September 3rd so walking to school is going to be pretty impossible. Plus our older DC will only be 4 and 5 so it's a long way for them, too. I'm thinking of asking that he sign the car we currently have over to me (it isn't great - but it's better than nothing!) and continue to pay for its upkeep as well as to fill it (around £70) once a month instead of paying maintenance. AIBU to think this is fair or am I underselling myself/asking too much?

Definatly not. He would be questioning you about every journey .
As others have said, get some legal advice but dont sell yourself short. It may seem daunting now to get kids to school but these things have a way of working out.

I don't why I called him DH, we're only engaged. I'm not entitled to anything

CMS will divide the maintenance between 5. Each child will get same rate.

I would check on the CMS website as that £320 he pays now could mean that is divide between 5 children

How much does he earn?

That's the way it works with the CSA MeanAger,

That's really shitty. His older DC are penalised twice for each of his next DC. Penalised when they are born and then again when he separates from their mother.

The £320 is 15% and was calculated by the CSA but now paid directly to his ex since the CSA changed and started to charge fees. Last year he earned a fair bit more than usual though so I suspect he's underpaying her.

Is he currently paying £320 or £395?

I totally agree MeanAger. Here's hoping he doesn't procreate anymore once we split.

Currently paying £395

You'll get child tax credits. Have you worked out how much? You may be better off than you think.

Repeating pp, don't make deals with him: he'll only use it for his benefit or in power games. Can he not take the DC to school? If not, suggest he gives you the family car.

For two children I thought it was minimum 20% not 15%

Here's hoping he doesn't procreate anymore once we split.

I'm sure his first partner hoped for that too.

Do you own a house together? Have any savings accounts in joint names?

It's 16% for two children. 19% for 3 or more.

It's not as simple as that when paying for other children though.

Use the child maintenance calculator, use his last known income. It allows for previous children.

"£320 a month can pay the finance and insurance on a wee run around with enough left over to stash away for repairs."

This this this! Honestly...that's what I'd do.

Don't mug yourself by taking the current car. The pita of having him responsible for its upkeep and no money? Nah.

CTC will be a decent amount but the house is unfurnished so I'll need every penny I can get.

To be honest, my requests/arrangements would depend of whether I was leaving because he was being a dick/wanted me out or because I was being a dick/wanted to leave. In the first case I'd be wanting everything I could possibly get (including potentially asking him to be the one to move so your children aren't uprooted). In the second case I'd be much more conciliatory and meek - especially if he was gutted.

I don't know enough about official figures to comment on your particular sums though.

he likes fathering children, doesn't he? Sorry for you that he's not able to do what it takes to make the relationship last.

The problem with the car is that it won't last forever. CMA can't sign the car over to you and it would be hard to legaly enforce any arrangement with the car if you're not married.

It leaves you stuck at the start, unless you can appeal to his better nature, but don't forego the maintenance payments, which are enforcible, to some extent. A better arrangement might be that he provides you with a car to get HIS children to school and then you use CMA to fuel and service it.

He has been an abusive dick manicinsomniac but no doubt won't see it and will be in self pity mode to make me feel bad for leaving. Does anyone know if I can get a car on finance if I'm claiming benefits inititally, or would that be impossible?

Why is he keeping the car and not you? Your need is greater. What's the reason he isn't doing any school drop off or collects?

It's in his name, I have no right to it. I don't think he will see the children once I leave

No sorry you'll get £160. They don't take anymore from the father they just split what the current parent is already getting

Don't get into complex arrangements about the car that he can faff about with, forget or do on his own timescale. Money.