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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think that sometimes a new partners income should be considered by CMS?

515 replies

LolaLouise · 27/05/2018 14:05

My ex hasnt seen our kids in 2 years, or paid a penny in 18 months. This includes birthdays and Christmas. School residential trips, school uniforms, childcare, activities, everything they need is paid for solely by myself. My ex quit his well paid job to live off some inheritance rather than pay for his kids. He said this was the reason for quitting his job.

6 months ago he entered a new relationship, where he now is a sahp to her two young children whilst she works full time. This arrangement has happened for he past 4 months. He is saving her a lot in childcare fees by staying at home and avoiding working so he doesnt have to pay his own. They have a good set up with extra from tax credits and enough to go on a summer holiday together.

Now aside from the morals of allowing a man you have known for 6 months to care full time for your children, she is well he is a father to 3 other children he has no contact or financial support for.

Am i wrong in thinking their household income should be considered by CMS? As it stands, as he has no taxable income, he is on a nil rate.

OP posts:
HughGrantsHair · 27/05/2018 23:02

The "real world" where the father is the NRP and the ex/children's mum is paying child maintenance. It maybe your real world but it isn't a typical family set up at all and you seem to be finding it hard to put yourself in other people's shoes.

Does your partner's ex also have contact with the children? If she didn't and also wasn't providing financially for the children, I bet your husband's feelings on the matter would differ.

flamingofridays · 27/05/2018 23:02

Why should women have to do that? Are men incapable?

This thread... poor menz. Can't do anything without a telling them to do it.

flamingofridays · 27/05/2018 23:03

Dp used to pay maintenance and still does for his other child. I have experienced both sides. I still think the same.

SD1978 · 27/05/2018 23:03

Works both ways, and more women are benefited by it than men, I’d imagine. If they choose not to work and their new partner had a decent income, it doesn’t affect the amount of CMS she is entitled to, regardless of the fathers set up.

HughGrantsHair · 27/05/2018 23:03

They wouldn't mind FreshPrincess ... Until it actually happened to them. Wink

JuicyStrawberry · 27/05/2018 23:03

Rocinante and there are plenty of people that pay less than that because that is all they can afford. £244 a week to me is a lot of money because I'm on a low income.
The amounts the CMS calculate reflect the earnings the nrp makes. Its not up to partner of the nrp to bump the amount up especially when the partner has children of her own to think of. You can do it because you can afford it. I can't.

flamingofridays · 27/05/2018 23:04

She has minimal contact, pays minimum maintenance and nothing else. She hasn't even given him so much as a bus fare. Would I expect anything off her boyfriend? No.

HughGrantsHair · 27/05/2018 23:04

SD - what has that got to do with anything in this thread. In that situation a child is just having more money provided for them. In the situation we're talking about, the children are losing out.

flamingofridays · 27/05/2018 23:04

Oh and we had a period when she paid no maintenance so I have been there too.

Very quick to judge aren't we when we know fuck all.

LolaLouise · 27/05/2018 23:04

@Rocinante1 my ex stopped paying over less than that a month on a salary above 35k which is high for out area and living costs.

OP posts:
HughGrantsHair · 27/05/2018 23:05

Juicy, who is saying the NRPs partner should be bumping up the amount of child maintenance an NRP is already paying? Hmm

HughGrantsHair · 27/05/2018 23:06

Good for you Flamingo. I disagree. So shoot me.

flamingofridays · 27/05/2018 23:06

You're allowed to disagree but don't make assumptions when you have no idea.

MumOfTwoMasterOfNone · 27/05/2018 23:09

Unfortunately it doesn't sound as if he will sacrifice anything out of his 'pocket money', so you're effectively asking her to cough up an extra £5 a week and you know this. You've realised what he is and isn't at this point. Their household income is her income, which is unfortunate for your children.

Do people actually think that those percentages of a GROSS wage is a pathetic amount to hand over for HALF of the costs of raising a child, without receiving any of the benefits? Whilst also maintaining a home for shared care and having to pay household costs for themselves and children? There aren't many people I know that could get by on 70% or less of their take home pay, but then again, they're paying the 'CMS minimum' at £500+ a month, so they're "disgusting, irresponsible NRPs", regardless of the circumstance surrounding their split.

Rocinante1 · 27/05/2018 23:11

@HughGrantsHair

She's talking about me. My boyfriend and I are making the choice to do that when we move in together. We don't like the idea of his kids coming to stay for the weekend, then going home to a mum on a low income - the difference in living standards between the step siblings doesn't sit well with me. So we've agreed that I will bump up his payments to her, and anything else the kids need.

But they are on great terms, and she and I have formed a weird friendship. So for us, it's something that will work. But it's not something that will work for everyone.

I think, if you can afford it, then you should do it. Otherwise, it should just be the biological NRP salary being used for the calculation. If they then give up work, the partner should step in. It's only fair.

JuicyStrawberry · 27/05/2018 23:11

I was responding to a pp who said she and her partner will be paying more than the cms amount because apparently £244 a week is a low amount (really??) and she will helping him to do that. I was just saying well it's not up to the partner to bump it up. If you want to then go for it its your money but it's not a requirement.

HughGrantsHair · 27/05/2018 23:12

Who's paying over 30% of their income in child maintenance? (You say who could survive on less than 70% of their monthly income?) The only people paying that amount are people who have accrued arrears and owe more money.

Rocinante1 · 27/05/2018 23:14

@MumOfTwoMasterOfNone

It's not 30%. I tried putting random figures into the calculator to see, and it really is shockingly low. Yes, the NRP has to support themselves, but the don't need to have the same room sizes or even the same number of rooms as the resident parent does in a property. It is not a huge amount, and when a lot of them don't pay, it makes the whole thing even worse.

HughGrantsHair · 27/05/2018 23:15

Also not all NRPs pay £500+ a month. Grin that's hilarious.

HughGrantsHair · 27/05/2018 23:17

This reply has been deleted

Message withdrawn at poster's request.

HughGrantsHair · 27/05/2018 23:20

Ignore that last calculation. I messed up.

An NRP earning £384 a week would pay a grand total of £46 a week.

JuicyStrawberry · 27/05/2018 23:20

He'd have about £1000 for he whole month left to pay his rent and bills etc.. so yes based on his earnings that is a fair amount.

JuicyStrawberry · 27/05/2018 23:20

X post.

MumOfTwoMasterOfNone · 27/05/2018 23:20

Not necessarily. It's calculated on gross income. Many people, have deductions such as a student loan etc, and then obviously tax and NI. So it would equate to roughly 30% of take-home pay for people on a 'normal' wage in these circumstance. I think they can deduct 40% if there are arrears but they often take more. These aren't always the paying parents fault. It can take months, sometimes longer for a CMS amount to be settled upon and can involve lengthy review/complaint processes, MPs etc. and they take the word of the RP only. The burden of proof is on the NRP for shared care, income etc.

Rocinante1 · 27/05/2018 23:23

But if the parents earn the same, the resident parent has all those costs as well as clothing/feeding/entertaining the kids.

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