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AIBU?

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Not unreasonable in the slightest - CMS if ex imprisoned

10 replies

ratsratsrats · 17/07/2018 23:25

Hope it's busy on AIBU

Does anyone know whether child maintenance is paid by those held at her majesty's pleasure?

Ex already lost job so on benefits so I receive £7 a week. Does even this stop if he's put away?

Obviously I've name changed for this living hell my ex continues to put me through. I've never met anyone who went to prison Sad

OP posts:
AllyMcBeagle · 18/07/2018 00:07

Yes - most benefits (including presumably JSA in this case) are suspended whilst in prison.

www.legislation.gov.uk/ukpga/1992/4/section/113/enacted

AllyMcBeagle · 18/07/2018 00:15

I should add sorry you are in such a rubbish position by the way Flowers

hazell42 · 18/07/2018 09:04

He can't pay if he has no income.
Shit, but there it is

Sharkwithknees · 18/07/2018 09:10

So sorry OP. It's generally a shitty deal for the mothers.

Fathers = well, if they cant afford to pay, they cant afford to pay!

Mothers = sorry you can't afford everything for your DC, but suck it up anyway!

I know there are exceptions, but the above is correct for the majority.

Is there anyway you could get this topped up by benefits OP? I know nothing about benefits but maybe CAB could help?

ratsratsrats · 18/07/2018 10:50

I live with my boyfriend so no benefits at all. He does support us obviously but he has his own children too. He earns too much and pays good maintenance for his.
It feels really unjust.

OP posts:
adaline · 18/07/2018 10:57

Yeah, unfortunately he won't be liable but I believe he'll build up arrears while he's in prison?

He can't pay if he's not receiving an income, though I believe the government should pay and the NRP should then be in debt the government, with punishments including fines, loss of driving license and prison for non-payment.

Vodkakisses · 18/07/2018 11:28

Unfortunately the don’t even build up arrears whilst in there

ProustianMadeleine · 18/07/2018 11:34

I have experience of this. They don't have to pay, they don't build up arrears for the time they are "away" either even though they do get an allowance paid to them whilst in prison. They don't get much but the pittance that would come out of their JSA if they were claiming isn't much either. It's very annoying.

Mc180768 · 18/07/2018 11:38

Sadly, CMS is not payable while in prison. It's shit.

If NRP claims on release, then there will be deductions from his benefits.

Butterflykissess · 18/07/2018 12:50

I doubt he will build arrears. My ex apparently owes me arrears but doesnt have to pay whilst he is on benefits! which he has been for 6 years...

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