To think you don't pay child maintenance if you live with your partner and kids?

[whywudhedodat]

Stbexh lives with his gf and their 2 kids. He pays her monthly child maintenance through direct bank transfer. I know this as we've had to exchange bank statements to do the financial settlement part of the divorce. He lives there though so I don't understand why he is doing this and he refuses to answer about it. Anyone experienced this or have any idea why he might be doing it? I don't trust him at all and it seems very odd.

I get what the OP is asking, she's wondering if this is some sort of loophole designed to get out of paying her what he's supposed to. I've no idea if that's the case, but as your solicitor is on the case hopefully they can uncover it if he is being dishonest.

Could it be for child costs not bills eg childcare for his two children with her? I don't think it's reducing the payment to you as that would be reduced anyway as he has two children living with him full time who he supports. I label stuff wierdly as it makes sense to me when transferring other than things like rent.

I think there’s a lot of people being very creative with words here. There’s an agreed meaning of the word maintenance. I have never come across someone referring to their share of household bills as ‘maintenance’ and I doubt any of you have either. It’s almost certainly to make it look like he doesn’t live there on bank statements, and OP you definitely should challenge it.

Ops maitenance would get reduced a lot if he is paying maitenance for other children. So instead of Op recieving 17 percent the would take i think 23 then split it by five and Op gets her share.
Its a bigger chuck than just declaring the kids living with him.

He has said in his documentation that he lives with his older married sister and doesn't actually live with his partner. Problem is that his sister has a one bedroom flat so there is no room there and the kids say they never go there. He had an electric hybrid car and the charging point is at his partners, not at his sisters. His sister and I are still in touch and having been to her place then I know he isn't there as none of his stuff is there. However she is the kind that will happily lie about it and accuse me of lying to protect her brother.

If it's a matter of dispute within financial remedy proceedings the judge will hear the evidence and make a finding either way.

What I think is more important is how he's presented it to CMS, which you haven't yet mentioned.

I have no idea how or even if he has presented it to the CMS. Both agreements are "family agreements" and therefore not via an agency so unlikely they are involved at all.

marking place so I can explain to you what he’s doing once I ve set my iPad up

My husband transfers me money every month and we live together. It’s housekeeping money.

Right i have my ipad on now so i can tell you exactly what hes up to.

He is counter claiming. This means that he is claiming he doesnt live at the address his other children live at and that he pays child maintenance for them. The reason he is doing this is...

You are going to very soon want child maintenance yourself so when you go through the cms they will calculate what he should pay based on children living with you and children living with his current partner. If he declares he is living with his current partner then the cms only allow a very small deduction for children he lives with. I think its £7 a week deduction.

However if he doesnt live with any children then you and the other mum will receive an equal amount of child maintenance.

For example you have 3 children with him and he has 3 children with her. Hes been calculated at the full child maintenance of £60 a week to you. Now if he lives with her and their 3 children he will get a reduction of £7 ish so the amount payable to you would be £53.

However if he doesnt live with any children and he has children with different mums then the money is shared out. So if you have 3 children each then you will get £30 and she will get £30.

This means hes much better off financially as that £30 is going into their household pot that he claims he isnt living at.

There is a group on fb called child maintenance rip offs original and they advise that they do this counter claim on there.

I hope im making sense here, its hard to explain in writing.

OP is the transfer definitely to his new partner? Otherwise he may have fathered a few more children during your marriage and doesn't want to say as you may tell her, after you have calmed down.

@BakerBear thank you.
The payments are in the hundreds so it totally baffles me as to why he is paying her that when he lives with her. There is also money being transferred to an account he also claims is maintenance to the same woman. He says he pays me more than the CMA would expect him to pay and this appears true from when I've done calculations but I still suspect he's screwing the system.

Yes - I think Baker bear is correct. Tell your solicitor and see what they say. This is setting you up.

I've recalculated using the government calculator and he's still paying me slightly more than the he has to.
I'm more inclined to think it's so she can claim benefits.

Her claiming benefits was my first thought too

I think its both about reducing maintenance to you and claiming benefits.

I would get your solicitor to question why the charging point for his car is not at his current address but at hers.

Be clever op and make sure you have a shit hot solicitor otherwise you could end up with hundreds a month in reduced maintenance

stuff like charging point, ypu should photographon diff days/weeks, if you can. so there's no way to deny. anything which is a gut feeling but needs more proof, trust your gut, then take photos

also another vote for benefits scam. especially as paper work claims sisters address.

are you wanting to report him to benefits fraud hotline? @OP

How much would a private investigator cost? Can you afford it and is the potential difference worth it?